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COLLEGE OF SOCIAL SCIENCE
PHILOLOGY DEPARTMENT
ENGLISH STUDY PROGRAM
THE MOST COMMONLY USED LINGUISTIC MEANS IN
THE FORMAL LEGAL LANGUAGE
COURSE WORK
2U group student KARINA SONGAILAITE
Course work supervisor KRISTINA DREVINSKIENE
(Evaluation)
(Signature)
(Supervisors name, surname)
(Data)
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Klaipeda, 2008
CONTENT
Introduction..3
1. Linguistic means of the English language .....4
1.1. Sentence structure, word order and syntaxes ..4
1.2. Forms of noun, pronoun, adjective .....5
1.3. Forms of verb, phrasal verbs, voices, infinitive. .9
2. Differences between formal and informal English......12
2.1. Usage of formal and informal English ...13
2.2.Differences in vocabulary.......14
3. Linguistic means in the formal legal language ...17
3.1. Usage of passive voice in formal documents.17
3.2. Infinitive forms in legal language...19
3.3. Peculiarities of the professional legal vocabulary..22
3.4. Conjunctions and adverbs..27
Conclusion ..31
Bibliography33
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Introduction
The present paper focuses on the most commonly used linguistic means in formal
legal language.
In formal legal language there are used many linguistic means, such as phrassal verbs,
infinitives, different forms of verbs, specific expressions and vocabulary. In this course work we
will discuss the main linguistic means in formal language, also give some exaples of formal
documents, letters. This course works goal is to show the main linguistic means used in formal
legal language.
Formalis the level of written American English suitable for and typical of the most
elevated conventional writing. Like Edited English,Formal English is the language most publishers
require of their authors of serious expository and argumentative works; it is the level of language
used most often in the judicial opinions of justicesideally, at leastand in the written
pronouncements of major governmental figures. It is also the level of language required in formal
correspondence for either public or personal communication. Letters to people you do not know, as
well as instructions and reports designed to be seen by readers of unknown constituency and tastes,
are usually best couched in Formal Written English. It comes closer than any other level to beingable to serve as a written lingua franca both for native users and for those who use English as a
second language. At its best it will be restrained but not stuffy, precise but not precious, clear but
not simplistic. It will be correct and never overfamiliar, and it will have a natural dignity, yet it will
never suggest any hint of superiority. It will serve for an essay in political theory or a letter of
condolence, a declaration of independence or a preamble to a constitution, a statement of principle
or an editorial on national policy.
The main taskof this course paper is to find out what linguistic means are usually used in
formal legal language. To fulfill this task we formulated the objectives as follow:
To analyse the main linguistic means used in language;
To analyse differences of formal and informal English;
To analyse the usage formal legal language;
To analyse the most usually used linguistic means in formal English.
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1. Linguistic means of the English language
In linguistics, meaning is the content carried by the words or signs exchanged by
people when communicating through language. Restated, the communication of meaning is the
purpose and function of language. A communicated meaning will (more or less accurately) replicate
between individuals either a direct perception or some sentient derivation thereof. Meanings may
take many forms, such as evoking a certain idea, or denoting a certain real-world entity. Linguistic
meaning is studied in philosophy and semiotics, and especially in philosophy of language,
philosophy of mind, logic, and communication theory.
The most usually used linguistic means is different forms of verbs, forms of nouns,
tenses, phrasal verbs, infinitive forms. Also in formal documents we can find used and different
vocabulary or even sentence structure, word order.
In the following paragraphs we will discuss these themes widely.
1.1. Sentence structure, word order and syntaxes
A simple complete sentence consists of a subject and a predicate. The subject is
typically a noun phrase, though other kinds of phrases (such as gerund phrases) work as well, and
some languages allow subjects to be omitted. The predicate is a finite verb phrase: it's a finite verb
together with zero or more objects, zero or more complements, and zero or more adverbials.
In linguistics, word order typology refers to the study of the different ways in which
languages arrange the constituents of their sentences relative to each other, and the systematiccorrespondences of between these arrangements. Some languages have relatively restrictive word
orders, often relying on the order of constituents to convey important grammatical information.
Others, often those that convey grammatical information through inflection, allow more flexibility
which can be used to encode pragmatic information such as topicalisation or focus. Most languages
however have some preferred word order which is used most frequently.
These are all possible word orders for the subject, verb, and object in the order of most
common to rarest:
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SOV (subject, object, verb) languages include the prototypical Japanese, Turkish, Korean,
the Indo-Aryan languages and the Dravidian languages, as well as many others using this most
common word order. Some, like Persian, have SOV normal word order but conform less to the
general tendencies of other such languages.
Sometimes patterns are more complex, German, and Dutch have SOV in subordinates,
but V2 word orderin main clauses, SVO word order being the most common. SOV in subordinates
is trace of proto-Germanic SOV word order. Using the guidelines above, the unmarked word order
is found to be SVO, such languages are said to have flexible word order, rather than rigid.
Syntax:
a. The study of the rules whereby words or other elements of sentence structure are
combined to form grammatical sentences.
b. A publication, such as a book, that presents such rules.
c. The pattern of formation of sentences or phrases in a language.
d. Such a pattern in a particular sentence or discourse.
2. Computer Science The rules governing the formation of statements in a
programming language.
3. A systematic, orderly arrangement.
To summarize, a simple complete sentence consists of asubjectand apredicate. The
subject is typically a noun phrase, though other kinds of phrases (such as gerund phrases) work as
well. Some languages have relatively restrictive word orders, often relying on the order of
constituents to convey important grammatical information; SOV (subject, object, verb) languages
include the prototypical also very strict word order especially in formal English, as well as many
others using this most common word order. But in informal speech in our day it is acceptable to talk
as you wish because informal language and slang is mostly spread in English talking countries.
1.2. Forms of noun, pronoun, adjective
Definition
A noun is the name of a person, place, thing, or idea. Whatever exists, we assume, can
be named, and that name is a noun. A proper noun, which names a specific person, place, or thing
(Carlos, Queen Marguerite), is almost always capitalized. A proper noun used as an addressed
person's name is called a noun of address. Common nouns name everything else, things that
usually are not capitalized.
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A group of related words can act as a single noun-like entity within a sentence. A Noun
Clause contains a subject and verb and can do anything that a noun can do:
What he does for this town is a blessing.
ANoun Phrase, frequently a noun accompanied by modifiers, is a group of related
words acting as a noun: The oil depletion allowance; the abnormal, hideously enlarged nose.
There is a separate section on word combinations that become Compound Nouns
such as daughter-in-law, half-moon, and stick-in-the-mud.
CATEGORIES OF NOUN Nouns can be classified further as count nouns, which name
anything that can be counted (four books, two continents); mass nouns (or non-count nouns),
which name something that can't be counted (water, air, energy, blood); and collective nouns,
which can take a singular form but are composed of more than one individual person or items (jury,
team, class, committee, herd). We should note that some words can be either a count noun or a non-
count noun depending on how they're being used in a sentence:
a. He got into trouble. (non-count)
b. He had many troubles. (countable)
c. Experience (non-count) is the best teacher.
d. We had many exciting experiences (countable) in college.
Whether these words are count or non-count will determine whether they can be used
with articles and determiners or not. (We would not write "He got into the troubles," but we could
write about "The troubles of Ireland."
Forms of Nouns
Nouns can be in the subjective, possessive, and objective case. The word case defines
the role of the noun in the sentence. Is it a subject, an object, or does it show possession?
The English professor[subject] is tall.
He chose the English professor[object].
The English professor's [possessive] car is green.
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Nouns in the subject and object role are identical in form; nouns that show the
possessive, however, take a different form. Usually an apostrophe is added followed by the letters
(except for plurals, which take the plural "-s" ending first, and then add the apostrophe).
Almost all nouns change form when they become plural, usually with the simple
addition of an -s or-es. Unfortunately, it's not always that easy, and a separate section on Plurals
offers advice on the formation of plural noun forms.
What is a Pronoun?
A pronoun can replace a noun or another pronoun. You use pronouns like "he,"
"which," "none," and "you" to make yoursentences less cumbersome and less repetitive.
Personal Pronouns
A personal pronoun refers to a specific person or thing and changes its form to
indicateperson, number, gender, and case.
Subjective Personal Pronouns
A subjective personal pronoun indicates that the pronoun is acting as the subject of
the sentence. The subjective personal pronouns are "I," "you," "she," "he," "it," "we," "you," "they."
In the following sentences, each of the highlighted words is a subjective personalpronoun and acts as the subject of the sentence:
Iwas glad to find the bus pass in the bottom of the green knapsack.
After many years, they returned to their homeland.
We will meet at the library at 3:30 p.m.
An objective personal pronoun indicates that the pronoun is acting as an object of a
verb, compound verb, preposition, or infinitive phrase. The objective personal pronouns are: "me,"
"you," "her," "him," "it," "us," "you," and "them."
A demonstrative pronoun points to and identifies a noun or a pronoun. "This" and
"these" refer to things that are nearby either in space or in time, while "that" and "those" refer to
things that are farther away in space or time.
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The demonstrative pronouns are "this," "that," "these," and "those." "This" and "that"
are used to refer to singular nouns or noun phrases and "these" and "those" are used to refer to
plural nouns and noun phrases. Note that the demonstrative pronouns are identical to demonstrative
adjectives, though, obviously, you use them differently. It is also important to note that "that" can
also be used as a relative pronoun.
An interrogative pronoun is used to ask questions. The interrogative pronouns are
"who," "whom," "which," "what" and the compounds formed with the suffix "ever" ("whoever,"
"whomever," "whichever," and "whatever"). Note that either "which" or "what" can also be used as
an interrogative adjective, and that "who," "whom," or "which" can also be used as a relative
pronoun. You will find "who," "whom," and occasionally "which" used to refer to people, and
"which" and "what" used to refer to things and to animals. "Who" acts as the subject of a verb, while
"whom" acts as the object of a verb, preposition, or a verbal
What Is An Adjective?
An adjective modifies a noun or a pronoun by describing, identifying, or quantifying
word. An adjective usually precedes the noun or the pronoun which it modifies.
In the following examples, the highlighted words are adjectives:
The smallboat foundered on the wine darksea.
The coalmines are darkanddank.
The back room was filled with large,yellow rain boots.
An adjective can be modified by an adverb, or by aphrase orclause functioning as an
adverb. In the sentence
A possessive adjective (``my,'' ``your,'' ``his,'' ``her,'' ``its,'' ``our,'' ``their'') is similar or
identical to apossessive pronoun; however, it is used as an adjective and modifies a noun or a nounphrase, as in the following sentences:
The demonstrative adjectives ``this,'' ``these,'' ``that,'' ``those,'' and ``what'' are
identical to the demonstrative pronouns, but are used as adjectives to modify nouns or noun phrases,
as in the following sentences:
When the librarian tripped overthatcord, she dropped a pile of books.
In this sentence, the demonstrative adjective ``that'' modifies the noun ``cord'' and the noun phrase
``that cord'' is the object of the preposition ``over.''
This apartment needs to be fumigated.
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An interrogative adjective (``which'' or ``what'') is like an interrogative pronoun, except
that it modifies a noun or noun phrase rather than standing on its own (see also demonstrative
adjectives and possessive adjectives):
Which plants should be watered twice a week?
Like other adjectives, ``which'' can be used to modify a noun or a noun phrase. In this
example, ``which'' modifies ``plants'' and the noun phrase ``which paints'' is the subject of the
compound verb ``should be watered'':
Whatbook are you reading?
In this sentence, ``what'' modifies ``book'' and the noun phrase ``what book'' is the direct object of
the compound verb ``are reading.''
An indefinite adjective is similar to an indefinite pronoun, except that it modifies a
noun, pronoun, or noun phrase.
As we can see there are many different kinds of forms of nouns, pronouns and
adjectives. A noun is the name of a person, place, thing, or idea; proper noun, which names a
specific person, place, or thing. Nouns can be classified as count nouns, which name anything that
can be counted; mass nouns (or non-count nouns), which name something that can't be counted;
and collective nouns, which can take a singular form but are composed of more than one individual
person or items. Also a pronoun can replace a noun or another pronoun. You use pronouns like
"he," "which," "none," and "you" to make yoursentences less cumbersome. An adjective modifies a
noun or a pronoun by describing, identifying, or quantifying word.
1.3. Forms of verb, phrasal verbs, voices, infinitive
Verbs
Words that express action or emotion. Verbs can be conjugated in many tenses of past,
present, and future. The six forms that verbs are conjugated into are first, second, and third person
singular and plural. Some examples of verbs include: run, laugh, write, think.
Transitive verbs: Verbs which have direct objects (no prepositions are needed to connect verb and
object); He sees the house. We believe you.
Intransitive verbs: Verbs which do not have a direct object. This includes both intransitive verbs
which take an indirect object (usually with a preposition), such as I spoke to him, and intransitiveverbs which have no object at all, such as I aged slowly. Note that the same verb may be used in one
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context as a transitive verb (I read the green book), in another context as an intransitive verb with
an indirect object (I read to my little sister), and in yet another context as an indirect verb with no
object (I happily read all day).
Active voice: When the subject is represented as acting; The boy loves his mother.
Passive voice: When the subject is acted upon; The mother is loved by the boy.
Indicative mood: Makes a direct statement or declaration, in the form of fact. The river flows
westward. The girl is very pretty. He was bad today. I will be ready tomorrow.
Imperative mood: Expresses commands, requests, permission and always has the subject in the
second person (you) which is understood. Be on time. Talk to your mother. Give me the book.
Subjunctive mood: Indicates doubt, supposition, uncertainty and presumes or imagines an action
or state. If he were here, he would know what to do. It is necessary that you be on time. Irregular
regular.
1. A phrasal verb is a verb plus a preposition or adverb which creates a meaning different from the
original verb.
Example:
I ran into my teacher at the movies last night. RUN+INTO =MEET
2. Some phrasal verbs are intransitive. An intransitive verb cannot be followed by an object.
Example:
He suddenly showed up. "SHOWUP" CANNOTTAKEANOBJECT
3. Some phrasal verbs are transitive. A transitive verb can be followed by an object.
Example:
I made up the story. "STORY"ISTHEOBJECTOF"MAKEUP"
4. Some transitive phrasal verbs are separable. The object is placed between the verb and the
preposition. In this Phrasal Verb Dictionary, separable phrasal verbs are marked by placing a *
between the verb and the preposition / adverb.
Example:
She looked the phone numberup.
Voices
The English language uses aperiphrastic passive voice; that is, it is not a single word
form, but rather a construction making use of other word forms. Specifically, it is made up of a
form of the auxiliary verb to be and a pastparticiple of the main verb. In other languages, such as
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Latin, the passive voice is simply marked on the verb by inflection: poemam legit "He reads the
poem";poema legitur"The poem is read".
Some languages (such as Sanskrit, Icelandic and Classical Greek) have a middle voice.
The middle voice is in the middle of the active and the passive voice because the subject cannot be
categorized as either agent or patient but has elements of both. An intransitive verb that appears
active but expresses a passive action characterizes the English middle voice. For example, in The
casserole cooked in the oven, cookedappears syntactically active but semantically passive, putting
it in the middle voice. It can occasionally be used in a causative sense, such as "The father causes
his son to be set free", or "The father ransoms his son."
Infinitive
In grammar, infinitive is the name for certain verb forms that exist in many languages.
In the usual (traditional) description of English, the infinitive of a verb is its basic form with or
without the particleto: therefore, do and to do, be and to be, and so on are infinitives. As with many
linguistic concepts, there is not a single definition of infinitive that applies to all languages;
however, in languages that have infinitives, they generally have most of the following properties:
In most of their uses, infinitives are non-finite verbs.
They function as otherlexical categories usually nouns within the clauses that contain
them, for example by serving as the subject of another verb.
They do not represent any of the verb's arguments (as employerand employee do).
They are not inflected to agree with any subject, and their subject, if they have one, is not
case-marked as such.
They cannot serve as the only verb of a declarative sentence.
They are the verb's lemma, citation form, and/orname; that is, they are regarded as its basic
uninflected form, and/or they are used in giving its definition or conjugation.
They do not have tense, aspect, moods, and/or voice, or they are limited in the range of
tenses, aspects, moods, and/or voices that they can use. (In languages where infinitives do not
have moods at all, they are usually treated as being their own non-finite mood.)
They are used with auxiliary verbs.
Different forms of verbs, phrasal verbs, infinitives and voices are mostly used n
formal legal language especially in laws or in translated documents. Passive voice is made up of a
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form of the auxiliary verb to be and a pastparticiple of the main verb. The infinitive of a verb is its
basic form with or without theparticleto also there are used a gendering.
In conclusion, verbs can be conjugated in many tenses of past, present, and future.
Transitive verbs: Verbs which have direct objects; Intransitive verbs: Verbs which do not have
a direct object; Active voice: When the subject is represented as acting
Passive voice: When the subject is acted upon; Indicative mood: Makes a direct statement or
declaration, in the form of fact; Imperative mood: Expresses commands, requests, permission and
always has the subject in the second person (you) which is understood; Subjunctive mood:
Indicates doubt, supposition, uncertainty and presumes or imagines an action or state. A phrasal
verb is a verb plus a preposition or adverb which creates a meaning different from the original verb.
Passive voice it is made up of a form of the auxiliary verb to be and a past participle of the main
verb. The infinitive of a verb is its basic form with or without the particleto: therefore, do and to
do, be and to be.
2. Differences between formal and informal English
Language - the principal means used by human beings to communicate with one
another. Language is primarily spoken, although it can be transferred to other media, such as
writing. If the spoken means of communication is unavailable, as may be the case among the deaf,
visual means such as sign language can be used. A prominent characteristic of language is that the
relation between a linguistic sign and its meaning is arbitrary.
Spoken human language is composed of sounds that do not in themselves have
meaning, but that can be combined with other sounds to create entities that do have meaning. Thus
d, o, andg do not in have any meaning, but the combination dogdoes have a meaning. Language
also is characterized by complex syntax whereby elements, usually words, are combined into more
complex constructions, called phrases, and these constructions in turn play a major role in the
structures of sentences.
Official or serious situations are often signalled by the use offormal language, while
ordinary or relaxed situations are signalled by the use of informal language. Formality of language
varies in relation to such factors as public, private occasion, the size of the audience, the
relationship of the speaker/writer with the audience, and so on. The ability to vary your language
according to the situation is often considered a mark of an educated person.
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Formal and informal forms of address also differ, e.g. from the frozen My Right
Honourable and Learned Friendassociated with official parliamentary proceedings, to the intimate
darlingorlove associated with close friends and family.
Formal written English
A version of the language almost universally agreed upon by educated English speakers
around the world is called formal written English. It takes virtually the same form no matter where
in the English-speaking world it is written. In spoken English, by contrast, there are a vast number
of differences between dialects, accents, and varieties ofslang, colloquial and regional expressions.
In spite of this, local variations in the formal written version of the language are quite limited, being
restricted largely to the spelling differences between British and American English.
2.1. Usage of formal and informal language
Formal language, even when spoken, is often associated with the conventions
expected of written standard English. At its most extreme, formal language is signalled by complex,
complete sentences, impersonality, avoidance of colloquial or slang vocabulary, and a consistent
preference for learned words, often derived from Latin. Formal English is, for the most part, a
written language. In general, it is confined to the realm of the serious: textbooks, academic or
technical works, and most essays you will write at university. You would write formally in a letter
of application for a job. Formal language tends to be impersonal and precise, and often uses long,
carefully constructed sentences; the formal writer will avoid contractions and abbreviations, and
will use a more specialized and complex vocabulary than that employed in everyday speech.
In our days we should not use old and long expressions, word or phrases when writing
informal letters. Because of it where were difficult to understand the real meaning or the point ofspeaking. When wrinig a simlper shorter words or expressions your letter/application would be
more effective and understandable. But in formal legal language or documents we have to use it
because of international affers with foreing countrie where legal language is still very infortant.
Informal language is characterised by a simpler grammatical structure (i.e. loosely-
connected sentences and phrases), personal evaluation, and a colloquial or slang vocabulary.
Informal English is the language spoken by most people every day. While educated speakers retain
their knowledge of formal rules, they're more relaxed about grammar and less concerned with
vocabulary when they're engaged in ordinary conversation. Informal writing reflects this relaxation.
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Sentences are shorter, and tend to avoid the more formal punctuation of the semi-colon and colon.
Contractions and the first person are acceptable. Newspaper articles and columns are usually written
informally, and you use informal language when you write to your friends.
Formal Informal Popular
comprehend understand get it
intoxicated drunk wasted
exhausted tired bagged
dejected sad bummed
2.2. Differences in vocabulary
As an example we took the formal and informal letters to see the differences between
the writen language, words and structure of it. In the following we will discuss the special words
used in the letters.
Informal letter
Dear Sarah,
Good to you hear from you again. I hope youre still enjoying your job.
Do you remember in your letter you asked about the party I was organising for my
mothers birthday? Well, it was a fantastic succes. I told mother we were taking her out for a quiet
meal at a loca restaurant, but in fact Id hired a large room in hotel and invited all her old friends!
Anyway, I picked mother up and told her Id changed my mind. We were going to
have a meal in a hotel. You should have seen her face when she walked into the room and everyone
cheered! She just couldnt believe it and burst into tears. Then the party got going, and it didnt
finish until four in the morning. We were absolutely exhausted but mother had had a wonderful
time.
Must dash now, ive got to go to college. Hope to hear from you soon.
Love,
Boy
In informal letter we usaully have to use a first name. Invent a name is necessary. Inthe begining we should write a start with a fixed phrase showing the situation with the reader. It is
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possible to add a general comment. In this letter it is possible to ask questions directly also use
some exclamation marks to express emotions and use contractions. When starting a new paragraph,
as topic has changed slightly. Use an informal linking expressions (e.g. anyway, whoever). It is
good to use a range of appropriate vocabulary and informal expressions also in informal letters we
can use any tense as we like, it is mostly used present tenses. And finaly, when you are finshing,
make an excuse to finish and/or refer to the current situation with the reader again. In this case the
short sentences are very eccepteble. Forthemore, make sure you are finishing with an informal
phrase (e.g. Love, With love, Lots of love, Best wishes).
Formal letter
Dear Sir/Madam,
I would like to apply for th escholarships I saw advertised in your prospectus.
At present I am training to be a secondary school teacher of English and I finish my
course at the end of June. However, I feel I still have a lot to learn about th elanguage and culture
of English-speaking world and would benefit considerably from a course in English-speaking
country.
The reason I am applying for a scholarship is that I cannot afford the cost of studying
aboard. I have no income except for my student grant, so if I am fortunate enough to be given a
scholarship, I would have to work part-time to save some personal spending money. My parents
will borrow some money for my airfare if I am successful.
I would appreciate being given the opportunity to study at your college and would be
very grateful if you would consider my application.
Yours sincerely,
ZDANI KROP
In formal letter we have to write the name of the person(e.g. Daer Mr Smith) but if we
do not know the name we use an expression (e.g. Dear Sir/Madam). First of all we should say why
we are writing and what we are responding to. In one paragraph, briefly describe you/your situation.
In the next paragraph, make it clear why you are applying for, for example a scholarship, and why
you would be a suitable candidate. Make sure you cover all points in the question. Also we have to
use only a formal, neutral style (no contractions, no calloquial language, no direct questions, no
informal punctuation such as exclamation marks). It is useful to use a passive voise or infinitives in
such letters. Remember To be polite and positive. In the end use a formal ending (e.g. Your
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sincerely, Your faithfully, Regards, Yours truly). Do not forget to sign your name and then print
your name clearly underneath.
For the next example we will examine the text taken from Lithuanians ministry. It is
the law translated into English. In this text we will highlite the formal expresions, passive voice,
infinitive.
3In laying down the basics ofnational security ofLithuania, the Seimas ofthe Republic of
Lithuania shall be guidedby the following provisions:
- the State of Lithuania, established many centuries ago and resting on the ethnical cultural
values created by the Nation and on the Christian cultural foundation unifying Europe, is an
integral part of the community ofEuropean and world nations;
- the Lithuanian Nation has never agreed to any occupation and subjugation and resisted
by all possible means and sought to free itself, and this resolution ofthe Nation is unchangeable;
- the Lithuanian Nation's aspiration has been and continues to be to safeguard its freedom, to
guarantee a secure and free development on its ethnic land, to cherish its national identity
and awareness, to develop its natural creative power and to contribute to world progress;
3The objective ofthe national security policy shall be, through the concerted efforts ofthe
State and its citizens, to develop and strengthen democracy, to ensure the safe existence ofthe
Nation and internal and exterior security of the State, to deter any potential aggressor and to defend
the independence, territorial integrity and constitutional orderofthe State ofLithuania.
Lithuanias national security system shall be based on the activities ofstate institutions and
participation of every citizen of Lithuania, on the open civic society aware of dangers and its
responsibility, civic-minded and prepared to defend Lithuanias freedom.
Lithuanias national security system shall be developed as a part of the European common
security system and trans-Atlantic defence system.
As we can see, in this document is used many of forms, phrasal verb (laying down, civic-
minded), specific vocabulary (by the following provisions,occupation, exterior ), passive voice
(shall be guided, shall be developed) and infinitives (unifying), present perfect (has never
agreed). In formal documents it is usually used shall form, even in the agreements, documents
and laws.
3 Law No. VIII-49BASICS OF NATIONAL SECURITY OF LITHUANIA PREAMBLE
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All in all, the formal language is signalled by complex, complete sentences,
impersonality, avoidance of colloquial or slang vocabulary, and a consistent preference for learned
words, often derived from Latin. And the informal language is characterised by a simpler
grammatical structure. We can use many slang words, defferent structure of the sentences and also
different tences is used.
3. Linguistic means in the formal legal language
1Language is medium, process and product in the various arenas of
the law where
legal texts, spoken or written, are generated in the service of regulating social
behaviour.
Once norms and proceedings are recorded, standardised and institutionalised,
a special legal language develops, representing a predictable process and
pattern of
functional specialisation.
The countries of the European Continent are primarily countries of
civil law. The
civil law system traces its origins to Roman law and, more specifically, to the
most
distinguished contemporary compilation of Roman law, the sixth century
Corpus Juris
Civilis of Justinian (the Justinian Code). National legal systems emerged through
the
process known as codification.
The common law systems have their roots in the British law and
include all present
and former members of the British Empire and also the United States of
America.
Although the common law and civil law systems share roots in Roman law, the
evolution of the common law system has been much different from that of the
civil law.
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The general principles of the common law grow not out of codification, but
rather out
of the judicial decisions in court cases by individual judges over a long period of
time.
The common law system concentrates big power in the courts and gives
primary
influence within the system to lawyers.
Old Latin and French law terms such as writ or plaintiff were
replaced by plain legal English terms. Out went familiar Latin tags such as ex
parte, inter partes etc. Here are some examples: Despite of this effort to make
legal language easier for understanding, the present
day legal English continues to be a highly specialised and distinctive field of English.
11. Maley, Y.: The Language of the Law: Gibbons, J. (ed.): Language and the Law (Longman, London1994), p. 11.
3.1. Usage of passive voice in formal documents
2We use passive forms for reason of style and of clarity, as well as of meaning.
Mostlyth eule of passive formation are straightforward, but it needs to be noted that
certain words and structures cannot be used in passive. Related to the use of forms of bein the
passive are the causative uses ofhave andgetand the informal us ofget.
The subject of an active verb (e.g.judge) can be the agent of passive verb. We often
dont mention the agent in the passive, but if we do it is introdused with by:
The judge will read outthe name of the winners in alphabetical order.
The name of winners will be red outin alphabetical order (by judge).
Notice that the object of the active verb (e.g. th enames of the winners) is the subject of the passive
verb.
We use the passive form of verbs n all tenses by using be in th eappropriate tense plus
the past particilpe of the main verb:
My bagwas stolen. (= A theifstole my bag.)
The murderis being investigated. (= The police are investigating the murder.)
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Notice that in passive we can use also and: modal verbs: verb + be + past particilpe;
modal perfects: verb + have been + past particilpe;
multi-word verbs: never separate the verb and participle in the
passive;
make (=force)/see/hear/help + infinitive:be + past
participle + to + infinitive
let: Let has no passive form so we use a passive form of
allow/permit/give permossion.
Notice that ussualy we avoid repaeting th esame auxilary form in the sentence.
The constracts have been signedanddatedin front of two witnesses.
When we are reporting speech and we dont want to mention th eperson whose words
are being reported, or we want to describe an impersonal or general feeling, we can use a passive
form of the reporting verb. There are two patterns:
Subject + passive verb + to + infinitive
He was said to be innocent. He was asked to leave.
It + passive verb + thatclause:
It was said that he was innocent.
Certain verbs describes states, such as have (=own), be, belong, lack, resemble and
seem, cannot be made passive. These verbs cannot be uses in passive even when they describes an
action. But the passive can desrcibe state which is the result of an action. Th emeaning is similar to
an ed participle adjective.
He went to the payphone to make a call but the phone was broken.
(Somebody had already broken the phone; it was a broken phone.) We use passive
voice in writing the formal documents, letters, in law and etc. Also it is used in mathematics and
computer science use artificial entities called formal languages (including programming languages
and markup languages, and some that are more theoretical in nature). These often take the form of
character strings, produced by some combination of formal grammar and semantics of arbitrary
complexity. In this chapter I will looking for it and explaining why and what case it is used there.
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To summerize, we use passive voice in writing
the formal documents, letters, in law and etc. Also it
is used in mathematics and computer science use artificial entities called formal languagesWe use passive forms for reason of style and of clarity, as well as of meaning. Mostlyth rule of
passive formation are straightforward, but it needs to be noted that certain words and structures
cannot be used in passive. Related to the use of forms of be in the passive are the causative uses of
have andgetand the informal us ofget. Notice that in passive we can use also and: modal verbs.
3.2. Infinitive forms in legal language
Infinitive can be passive:
To be + past participle:
His dog loves to be patted and made a fuss of.
There is a perfect form:
To have been + past participle:
2 Passive voice, Lithaunian Grammar book, 2006, pg. 105
This ascent is the first to have been achieved without th eaid of axygen.
The Infinitive is used:
Recognize an infinitive when you see one.
To sneeze, to smash, to cry, to shriek, to jump, to dunk, to read, to eat, to slurp - all of
these are infinitives. An infinitive will almost always begin with to followed by the simple form of
the verb, like this:to + verb = infinitive
Important Note: Because an infinitive is nota verb, we cannot adds, es, ed, or -ing to the end.
Infinitives can be used as nouns, adjectives, oradverbs.
For examples:
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To sleep is the only thing Eli wants after his double shift waiting tables at the neighborhood caf.
To sleep functions as a noun because it is the subject of the sentence.
Nomatter how fascinating the biology dissection is, Emanuel turns his head and refuses to look.
To lookfunctions as a noun because it is the direct object for the verb refuses.
Wherever Melissa goes, she always brings a book to read in case conversation lags or she has a
long wait.
To readfunctions as an adjective because it modifies book.
Richard braved the icy rain to throw the smelly squid eyeball stew into the apartment dumpster.
To throw functions as an adverb because it explains why Richard braved the inclement weather.
Infinitive can be and without to
An infinitive will almost always begin with to. Exceptions do occur, however. An
infinitive will lose its to when it follows certain verbs. These verbs are feel, hear, help, let, make,
see, and watch.
The pattern looks like this: special verb + direct object + infinitive - to
More examples:
As soon as Theodore felt the rain splatter on his hot, dusty skin, he knew that he had a good excuse
to return the lawn mower to the garage. Felt = special verb; rain = direct object; splatter = infinitiveminus the to.
When Danny heard the alarm clock buzz, he slapped the snooze button and burrowed under the
covers for ten more minutes of sleep.Heard = special verb; alarm clock = direct object; buzz =
infinitive minus the to.
Although Dr. Ribley spent an extra class period helping us understand logarithms, we still bombed
the test. Helping = special verb; us = direct object; understand = infinitive minus the to.
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Because Freddie had never touched a snake, I removed the cover of the cage and let him pet
Squeeze, my seven-foot python. Let = special verb; him = direct object; pet = infinitive minus the to.
Since Jose had destroyed Sylvia's spotless kitchen while baking chocolate-broccoli muffins, she
made him take her out for an expensive dinner. Made = special verb; him = direct object; take =
infinitive minus the to.
I said a prayer when I saw my friends mount the Kumba, a frightening roller coaster that twists and
rolls like a giant sea serpent. Saw = special verb; my friends = direct object; mount = infinitive
minus the to.
Hoping to lose her fear of flying, Rachel went to the airport to watch passenger planes take off and
land, but even this exercise did not convince her that jets were safe . Watch = special verb;
passenger planes = direct object; take, land = infinitives minus the to.
To split or not to split?
The general rule is that no word should separate the to of an infinitive from the simple
form of the verb that follows. If a word does come between these two components, a split infinitive
results. Look at the example that follows:
Wrong:Sara hopes to quickly finish her chemistry homework so that she can return to the more
interesting Stephen King novel she had to abandon.
Right:Sara hopes to finish her chemistry homework quickly so that she can return to the more
interesting Stephen King novel she had to abandon.
Ones consider that the split infinitive a construction, not an error. They believe that
split infinitives are perfectly appropriate, especially in informal writing.
In fact, an infinitive will occasionally require splitting, sometimes for meaning and
sometimes for sentence cadence. One of the most celebrated split infinitives begins every episode of
Star Trek: "To boldly go where no one has gone before ...." Boldly to go? To go boldly? Neither
option is as effective as the original. When you are making the decision to split or not to split,
consider your audience. If the piece of writing is very formal and you can maneuver the words to
avoid splitting the infinitive, then do so. If you like the infinitive split and know that its presence
will not hurt the effectiveness of your writing, leave it alone.
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And finely, infinitive can be passive, there is a
perfect form. An infinitive will almost always begin with to followed by the simple form
of the verb. Also an infinitive is nota verb, we cannot adds, es, ed, or -ing to the end. The generalrule is that no word should separate the to of an infinitive from the simple form of the verb that
follows. If a word does come between these two components, a split infinitive results. Infinitives
can be used as nouns,adjectives, oradverbs. An infinitive will lose its to when it follows certain
verbs. These verbs arefeel, hear, help, let, make, see, and watch.
3.3. Peculiarities of the professional legal vocabulary
In our days legal formal language is using not only the terms fromLatin or French but it uses and words from ordinary speech. It makes language
more difficult but it is unavoidable.For example:
Usage in legal language: Usage in informal language:
With reference to About
Due to fact that Because
Take into consideration Consider
Enclosed herewith EnclosedWith the exception of Except
For the purpose of For
In the event that If, when
In the meantime Meanwhile
At the present time Now, currently, today
Under separate cover Separately
Purchase Buy
Sufficiant Enough
Remittance Payment
Andeavour Try
Advise, inform Tell
Forward, transmit Send
Expendite Speed up, hurry.
I have pleasure i informing you.. I am pleased to tell you..
We do not anticipate any increase in prices. We do not except prices to rise.
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I should be grateful if you would be good Please let us know..
enough to advise us...
Please favour us with a prompt reply. I hope to hear from you soon.
There are also such kind of works named signals. It helps to recognize the formal
expressions in documents or texts. We will apply ome examples of it:
Namely That is So Hence
Viz That is to say Thus Then
First For example In this way Therefore
Next For instance Consequently Thats Why
As follow/the following Such as As a result On that account
The function of local government can be broadly divided into two main groups, such
as funtions of control over the activities of private citizens, and provision of public services.
Since the taxes are paid by the people in the area of the council, that is by the people
who elect the council, there is local financial responsibility as between council and electos.
Also and As Due to
Too again Forsmuch Owing to
As well besides Inasmuch as On account of
Similarly Furthet Considering that As a result of
Likewise Moreover Seeing that On acount of
Along with In addition In view of In consequence of
The principlal objects of a trade union are set out in its rules. Besides, it may have
some additional objects.
In small towns the clerk of the inferior coount will advise the Justice of the Peace on
legal metters inasmuch as he is the only lawyer in the court, as a rule.
In fact Really There had been free employment of capitak punishment inIn point of fact In reality the American colonies though the number of crimes actual
As a matter of fact In truth ly punished by death was greater in England before 1820.
Actually Indeed
Of course Certainly
Legal formal expresions Ordinary expresions
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Access-formely, the opportunity tovisit a child that was granted(at thediscresion of the court) to its parentwhen the other parent had the care
and control of the child after divorseor when a custodianship order wasin force.
Alien-a person who, under the lawof particular state, is not a citizen ofthat state.
Battery-the international orreckless application of physical forceto someone without his consenr.Battery is the form of trespassto theperson and is a summery offence as
well as a tort, even if no actual harmresults.
Bench-1.literally, the seat of ajudge in court.th bench is usually inan elevated pasition at one side ofthe court room facting the seat of
counsel and solicitors.2.a group ofjudges or magistrates dittingtogether in a court.
Brief-a document by which asolicitor instructs a barrister toappear as an advocate in cour.
Character-1.the reputation of partyor witness.2.losely, the disposition
accessaccess [ksess]n (plural accesses)1. entry or approach: the possibility
or means of entering or approaching aplace
Thieves gained access to thepremises via a side door.2. opportunity for use: theopportunity or right to experience ormake use of somethingalienn (plural aliens)1. extraterrestrial being: a being fromanother planet or another part of theuniverse, especially in works ofscience fiction2. law non-citizen resident of country:somebody who is a citizen of acountry other than the one in whichhe or she lives or happens to bebar[baar]n (plural bars)1. length of solid material: a length ofmetal, wood, or other solid material
used as a barrier, or as part of astructure2. small block: a small, solid, usuallyrectangular, block of some substancea bar of soapbattery [bttree](plural batteries)n1. electricity power source: a numberof connected electric cells thatproduce a direct current through the
conversion of chemical energy intoelectrical energy2. law unlawful use of force onsomebody: the unlawful use of anyphysical force on another person,including beating or offensivetouching without the persons consentbench [bench]n (plural benches)1. furniture long backless seat: a long
seat for two or more people, usuallymade without a back or arms2. nautical seat in boat: a seat for a
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of a party.
Club-an association regulated byrules that bind itd membersaccording to the law of contract.
Composition-an agreemnet between a debtor
and his creditors discharging thedebts in
exchange for payment of a proportion of what
is due.
Country-a firts-tier local government area in
England or Wales.
Discovery-a method of acquiring territory in
which good title can be gaided by claiming
previously unclaimed land.
Enter-1.to make an effective and
rower in a boatbrief [breef]adj (comparative briefer, superlativebriefest)
1. not lengthy: lasting for only a shorttimea brief conversation
2. concise: containing only thenecessary information without anyextra details
character [krrktr]n (plural characters)1. distinctive qualities: the set ofqualities that make somebody orsomething distinctive, especiallysomebodys qualities of mind andfeelingIts just not in my character to behavelike that.
2. positive qualities: qualities thatmake somebody or somethinginteresting or attractive
an old house full of characterclub [klub]n (plural clubs)1. thick stick used as weapon: a stoutstick used as a weapon2. sports stick for hitting ball: a stickor bat used in certain sports,especially golf, to hit a balla golf club
composition [kmp zshn](plural compositions)n1. constituents: the way in whichsomething is made, especially interms of its different parts2. arrangement: the way in which theparts of something are arranged,especially the elements in a visualimagethe artists masterly composition of a
group portraitcountry [kntree]n (plural countries)1. separate nation: a nation or state
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3.4. Conjunctions and adverbs
Conjunctions
Conjuctions (because, as, since, though, although, even though) are used when
providing reason in a sentence or clause.
'because', 'as' and 'since'
Because, as and since are used to answer the question: Why?. They join two clauses
in the same sentence:
Joe resigned because he wanted to spend more time with his family.
Because, as and since show the relationship between the ideas in two clauses:
A: Why did you resign from such a well-paid job, Joe?
B:Because I wanted to spend more time with my family.
Because is more common than as and since when the reason is the most important
thing. The because-clause usually comes after the main clause:
I went to Cyprus for a holiday last October because I knew it would be warm and sunny every day I
was there.
As and since are used when the reason is already well-known and/or less important.
The as or since-clause often comes at the beginning of the sentence and is separated from the main
clause by a comma:
As my family had finished dinner when I got home, I went to this really good burger bar.
( Im telling you about the burger bar. Its not so important why I went there).
Note! In conversation, so is often used instead of since and as. The so-clause comes
after the main clause.
My family had finished dinner when I got home, so I went to this really good burger bar.
'though', 'although' and 'even though'
Though, although and even though are used to show a contrast between two clauses:
Our new neighbours are quite nice (this is good) though their two dogs bark all day long. (this isnt
good)
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We can use though or although with no difference in meaning. But, some
differences are: Though is more common than although in conversation or writing.Though (but not
although) can come at the end of a sentence:
My new bike is really fast. I dont like the colour, though.
Though (but not although) can be used as an adverb:
Im not good at maths but I can help you with your geography, though, if you want.
The meaning of though is similar to however, but though is much more common than
however in conversation.
Even though can be used to make the contrast between two clauses stronger:
Dad got back from work really late, even though he had promised to take mum to the cinema.
What is an Adverb?
An adverb can modify a verb, an adjective, another adverb, aphrase, or a clause. An
adverb indicates manner, time, place, cause, or degree and answers questions such as "how,"
"when," "where," "how much".
While some adverbs can be identified by their characteristic "ly" suffix, most of them
must be identified by untangling the grammatical relationships within the sentence or clause as a
whole. Unlike an adjective, an adverb can be found in various places within the sentence.
In the following examples, each of the highlighted words is an adverb:
The seamstress quickly made the mourning clothes.
In this sentence, the adverb "quickly" modifies the verb "made" and indicates in what manner (or
how fast) the clothing was constructed.
The midwives waitedpatiently through a long labour.
Similarly in this sentence, the adverb "patiently" modifies the verb "waited" and describes
the manner in which the midwives waited.
The boldlyspoken words would return to haunt the rebel.
In this sentence the adverb "boldly" modifies the adjective "spoken."
We urged him to dial the number more expeditiously.
Here the adverb "more" modifies the adverb "expeditiously."
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Unfortunately, the bank closed at three today.
In this example, the adverb "unfortunately" modifies the entire sentence.
Conjunctive Adverbs
You can use a conjunctive adverb to join two clauses together. Some of the most
common conjunctive adverbs are "also," "consequently," "finally," "furthermore," "hence,"
"however,""incidentally," "indeed," "instead," "likewise," "meanwhile," "nevertheless," "next,"
"nonetheless," "otherwise,""still," "then," "therefore," and "thus." A conjunctive adverb is not
strong enough to join two independent clauses without the aid of a semicolon.
The highlighted words in the following sentences are conjunctive adverbs:
The government has cut university budgets; consequently, class sizes have been increased.
The report recommended several changes to the ways the corporation accounted for
donations;furthermore, it suggested that a new auditor be appointed immediately.
The crowd waited patiently for three hours;finally, the doors to the stadium were opened.
All in all, Conjuctions (because, as, since, though, although, even though) are used when
providing reason in a sentence or clause. An adverb can modify a verb, an adjective, another
adverb, aphrase, or a clause. An adverb indicates manner, time, place, cause, or degree and answers
questions such as "how," "when," "where," "how much". Unlike an adjective, an adverb can be
found in various places within the sentence. You can use a conjunctive adverb to join two clauses
together. A conjunctive adverb is notstrong enough to join two independent clauses without the aid
of a semicolon.
Conclusion
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First of all, what we can see from the given material that a simple complete sentence
consists of asubjectand apredicate. The subject is typically a noun phrase, though other kinds of
phrases (such as gerund phrases) work as well. Some languages have relatively restrictive word
orders, often relying on the order of constituents to convey important grammatical information;
SOV (subject, object, verb) languages include the prototypical also very strict word order especially
in formal English, as well as many others using this most common word order. But in informal
speech in our day it is acceptable to talk as you wish because informal language and slang is mostly
spread in English talking countries.
What is more, now we can see and clearly understand that there are many different
kinds of forms of nouns, pronouns and adjectives. A noun is the name of a person, place, thing, or
idea; proper noun, which names a specific person, place, or thing. Nouns can be classified as
count nouns, which name anything that can be counted; mass nouns (or non-count nouns), which
name something that can't be counted; and collective nouns, which can take a singular form but are
composed of more than one individual person or items. Also a pronoun can replace a noun or
another pronoun. You use pronouns like "he," "which," "none," and "you" to make yoursentences
less cumbersome. An adjective modifies a noun or apronoun by describing, identifying, or
quantifying word.
This material clearly shows that verbs can be conjugated in many tenses of past,
present, and future. Transitive verbs: Verbs which have direct objects; Intransitive verbs: Verbs
which do not have a direct object; Active voice: When the subject is represented as acting
Passive voice: When the subject is acted upon; Indicative mood: Makes a direct statement or
declaration, in the form of fact; Imperative mood: Expresses commands, requests, permission and
always has the subject in the second person (you) which is understood; Subjunctive mood:
Indicates doubt, supposition, uncertainty and presumes or imagines an action or state. A phrasal
verb is a verb plus a preposition or adverb which creates a meaning different from the original verb.
Passive voice it is made up of a form of the auxiliary verb to be and a past participle of the main
verb. The infinitive of a verb is its basic form with or without the particleto: therefore, do and to
do, be and to be.
Forthemore, the formal language is signalled by complex, complete sentences,
impersonality, avoidance of colloquial or slang vocabulary, and a consistent preference for learned
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words, often derived from Latin. And theinformal language is characterised by a simpler
grammatical structure. We can use many slang words, defferent structure of the sentences and also
different tences is used.
To summerize, we use passive voice in writing the formal documents, letters, in law
and etc. Also it is used in mathematics and computer science use artificial entities called formal
languages We use passive forms for reason of style and of clarity, as well as of meaning. Mostlyth
rule of passive formation are straightforward, but it needs to be noted that certain words and
structures cannot be used in passive. Related to the use of forms of be in the passive are the
causative uses ofhave and getand the informal us ofget. Notice that in passive we can use also
and: modal verbs.
And finely, infinitive can be passive, there is a
perfect form. An infinitive will almost always begin with to followed by the simple formof the verb. Also an infinitive is nota verb, we cannot adds, es, ed, or -ing to the end. The general
rule is that no word should separate the to of an infinitive from the simple form of the verb that
follows. If a word does come between these two components, a split infinitive results. Infinitives
can be used as nouns,adjectives, oradverbs. An infinitive will lose its to when it follows certain
verbs. These verbs arefeel, hear, help, let, make, see, and watch.
All in all, Conjuctions (because, as, since, though, although, even though) are used
when providing reason in a sentence or clause. An adverb can modify a verb, an adjective, another
adverb, aphrase, or a clause. An adverb indicates manner, time, place, cause, or degree and answers
questions such as "how," "when," "where," "how much". Unlike an adjective, an adverb can be
found in various places within the sentence. You can use a conjunctive adverb to join two clauses
together. A conjunctive adverb is notstrong enough to join two independent clauses without the aid
of a semicolon.
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