The document discusses the common uses and misuses of various punctuation marks in legal writing, including commas, semicolons, colons, em-dashes, en-dashes, hyphens, quotation marks, ellipses, apostrophes, question marks, exclamation points, brackets, and slashes. It provides examples of proper usage and prevents misuse for each punctuation mark. Case law is also cited to demonstrate how courts have referred to punctuation in statutory interpretation.

1. Punctuations
(in law)

2. In this session (uses & misuses of)
1. Comma
2. Semicolon
3. Colon
4. Em-Dash (Long dash)
5. En-Dash (Short dash)
6. Hyphen
7. Quotation Marks
8. Ellipsis Dots
9. Apostrophe
10. Question Mark
11. Exclamation Mark
12. Brackets
13. Slash (Virgule)

3. Case Laws on Punctuations
 Famous dictum - “Punctuation is not a part of the statute.”
 ‘Punctuation at any rate is not part of the English language.’
[Kansas City Life Insurance Co. v. Wells, 135 F 2nd 227]
 “. . . A minor element in the construction of the statute, . . .
cannot certainly be regarded as a controlling element . . . .”
[Aswini Kumar Ghose v. Arbinda Bose SC (1952)]
 But assistance of punctuations were referred in:
1. A. K. Gopalan v. State of Madras, (1950) S.C.
2. Mohd. Shabbir v. State of Maharashtra, (1979) S.C.C
3. Dr. M.K. Salpekar v. Sunil Kumar Shamsunder Chaudhari, (1988) S.C.C.

4. Ewing v. Burnet, 11 Pet. 41, 36 U. S. 53-54 (1837)
 Punctuation is a most fallible standard by which to
interpret a writing; it may be resorted to when all other
means fail, but the court will first take the instrument
by its four corners, in order to ascertain its true
meaning; if that is apparent on judicially inspecting the
whole, the punctuation will not be suffered to change
it. Under this rule of construction, the Court has not
hesitated in the past to change or ignore the
punctuation in legislation in order to effectuate
congressional intent.

5. Comma— common uses & misuses
 Using Commas
Use a comma when you join two independent clauses with a
coordinating conjunction (such as and, but, or, nor, yet, or
so).
E.g. The United States is a common-law country, and its judges are
common law judges.

6.  Use a comma after a transitional word or phrase (though not And
or But), an introductory phrase (especially a long one), or a
subordinate clause that precedes an independent clause.
E.g. Significantly, Moore has not filed a cross-appeal. (Transitional
word.)
E.g. In the second Reynolds appeal, the majority opinion pointed out
that experts frequently rely on comparable sales when appraising
the value of property. (Introductory phrase.)
E.g. When the court addresses the question of ambiguity, it must
on the contractual language itself. (Subordinate clause.)

7.  Use a comma to separate items in a series—including the last and
next-to-last.
E.g. The scientific method has proved extraordinarily useful in matters
involving radar, ballistics, handwriting, typewriting, intoxication, and
paternity. (Include the comma before and.)

8.  Use a comma to separate adjectives that each qualify a noun in
parallel fashion.
E.g. Wilson is a reserved, cautious person.
 Use a comma to distinguish indirect from direct speech.
E.g. Justice Scalia ended by saying, “The decision is an act not of
judgment, but of political will.”

9.  Use commas to separate the parts of full dates and addresses, but:
(1) when writing just the month and the year, don’t separate them
with a comma (July 2001); and (2) when writing the month, day,
and year, omit the comma after the year if you’re using the date as
an adjective (the November 20, 2000 hearing).

10. Preventing Misused Commas
 Don’t use a comma between a subject and its verb.
 Not this: The use of the terms “irrebuttable presumption” and
“conclusive presumption,” should be discontinued as useless and
confusing.
 But this: The use of the terms “irrebuttable presumption” and
“conclusive presumption” should be discontinued as useless and
confusing.

11.  Don’t use a comma to set off a quotation that blends into the rest
of the sentence.
Not this: The Modi administration joined in the petition on grounds
that the High Courts decision would promote, “postemployment
blacklisting.”
But this: The Modi administration joined in the petition on grounds
that the High Courts decision would promote “postemployment
blacklisting.”

12.  Don’t use commas to set off an adverb that needs emphasis.
Not this: Defendants are, therefore, entitled to qualified immunity.
But this: Defendants are therefore entitled to qualified immunity.

13.  Don’t use a comma as if it were a strong mark—a semicolon,
colon, or period.
Not this: One could view attendance at the football game as an
alternative promise by Y, however, it seems readily apparent that
this alternative is not a promise for which X has bargained.
But this: One could view attendance at the football game as an
alternative promise by Y; however, it seems readily apparent that
this alternative is not a promise for which X has bargained.

14. Semi Colon: common uses &
misuses
 Use a semicolon to unite two short, closely connected
sentences.
E.g. One side must make an offer; the other side must
accept it.

15.  Use a semicolon to separate items in a list or series when (1) any
single element contains an internal comma, (2) the enumeration
follows a colon, or (3) the items are broken into subparagraphs.
E.g. The rationale is threefold: (1) since the declarant knows her own
state of mind, there is no need to check her perception; (2) since
statement is of present state of mind, there is no need to check her
memory; and (3) since state of mind is at issue, it must be shown in
some way—and here, the declarant’s own statements are the only
way.

16. Preventing Misused Semicolons
 Don’t use a semicolon where a colon is needed—especially after
a salutation.
Not this: Dear Mr. Patel; . . . .
But this: Dear Mr. Patel: . . . .

17. Colon—common uses & misuses
 Use a colon to link two separate clauses or phrases when you need
to indicate a step forward from the first to the second.
E.g. After two hours, they reconciled: the chef apologized, and the
owner rehired him with a Rs.1,000 raise.

18.  Use a colon to introduce a list—especially one that is enumerated
or broken down into subparagraphs.
E.g. Each conspirator may be liable for the crimes of all other
conspirators if two conditions are satisfied: (1) if the crimes were
committed in furtherance of the conspiracy’s objectives; and (2) if
the crimes were a natural and probable consequence of the
conspiracy.

19.  Use a colon to introduce a wholly self-contained quotation,
especially a long one.
E.g. C. J. Kabir’s May 1 report states: “My first hypothesis was that if
persons who were near the plant at the time of the accident can be
shown to have chronic immuno suppression ten years later, then
they must have been exposed to at least 100 rems during the
accident.”

20.  Use a colon after the salutation in correspondence. (A comma is
acceptable in informal letters.)
E.g. Dear Judge Chandra:

21. Preventing Misused Colons
 Don’t use a colon to introduce a quotation or list that blends
into your sentence.
Not this: The real issue is what has been called: “the most difficult
problem in criminal procedure today.”
But this: The real issue is what has been called “the most difficult
problem in criminal procedure today.”

22. Parentheses—common uses &
misuses
 Use parentheses to set off an inserted phrase, clause, or sentence
that you want to minimize.
E.g. If we increase the punishment, some people (not everybody) will
stop doing the deed from fear of punishment.
 Use parentheses to introduce shorthand names.
 Use parentheses around numbers or letters when you’re listing
items in text.

23.  Use parentheses to denote subparts in a citation—or, in a case
citation, to give information about the court and the year.

24. Em-Dash (or Long Dash)—common
uses & misuses
 Use of em-dash to set off an inserted phrase that, because of what
it modifies, needs to go in the middle of a sentence.
E.g. The plaintiffs here—two young children and their parents—have
sued the city for violations of their constitutional rights.

25.  Use an em-dash to track on an important
afterthought.
E.g. Overtime parkers now have to pay a big fine and
around the city to reclaim their cars—a colossal
nuisance.

26. Preventing Misused Em-
Dashes
 Don’t use more than two em-dashes in a sentence.

27. En-Dash (or Short Dash)—common
uses & misuses
 Use an en-dash as an equivalent of to (as when showing a span of
pages), to express tension or difference, or to denote a pairing in
which the elements carry equal weight.
E.g. 233–34
E.g. love–hate relationship
E.g. contract–tort doctrines

28. Preventing Misused En-Dashes
 Don’t use an en-dash in place of a hyphen or an em-dash.

29. Hyphen—uses &misuses
 Use a hyphen to connect the parts of a phrasal adjective—that is, a
phrase whose words function together to modify a noun.
E.g. First-year law students are sometimes unready
for their end-of-the-year doldrums.
(First-year is a phrasal adjective modifying the noun
phrase law students; end-of-the-year is a phrasal adjective
modifying the noun doldrums.)

30.  Use a hyphen when spelling out fractions.
E.g. Three-fifths of those present
concurred.

31. Preventing Misused Hyphens
 Don’t use a hyphen after a prefix unless (1) the solid form might
be confusing (e.g., anti-intellectual), (2) the primary word is
capitalized, as when it’s a proper noun (e.g., non-Hohfeldian),
(3) the prefix is part of a noun phrase (e.g., non-contract-law
doctrine), or (4) the unhyphenated form has a different
meaning (e.g., prejudicial vs. pre-judicial).

32.  Don’t use a hyphen (or even a pair of hyphens) in
place of an em-dash.

33. Quotation Marks—common uses &
misuses
 Use quotation marks when you’re quoting a passage of 50 or fewer
words. (Otherwise, set off the quotation.)
 Use quotation marks when (1) referring to a word as a word or a
phrase as a phrase (although italics are better if you do this
frequently), or (2) providing a definition.

34.  Use quotation marks when you mean “so-called” or “self-styled,” or
even “so-called-but-not-really.”
 Although quotation marks are traditionally used for titles of movies,
songs, and poems (as well as articles), follow the standard form for
legal citations.
E.g. The wording was intended as an allusion to John Donne’s poem
“Death Be Not Proud.”

35.  Use single quotation marks for quoted words within quotations.
E.g. In that case, the plaintiff saw the driver coming and attempted to
flee, but he was unable to get out because “the door to the booth
was ‘jammed and stuck,’ trapping the plaintiff inside.”

36.  Place quotation marks correctly in relation to other punctuation: (1)
periods and commas go inside; (2) colons and semicolons go
outside; and (3) question marks and exclamation points go either
inside or outside, depending on whether they’re part of the quoted
matter.
E.g. Did Pullman really attribute the decline to “poor sales
E.g. Pullman asked, “Did I really say that?”

37. Preventing Misused
Quotation Marks
 Don’t use quotation marks for a phrasal adjective.
Not this: This “declining interest rate” scenario seems
unlikely.
But this: This declining-interest-rate scenario seems
unlikely.
 Don’t use quotation marks merely to emphasize a
word.

38. Ellipsis Dots— uses
 Use three ellipsis dots to denote that you’ve omitted something
from within a sentence.
E.g. “An arrest is neither a conviction of a crime nor even a final formal
charge of a crime . . . .”

39. Apostrophe—common uses &
misuses
 Use an apostrophe to indicate the possessive case.
E.g. The district court’s refusal to give a requested jury instruction is
reviewed for an abuse of discretion.
 Use an apostrophe to mark the omission of one or more
characters, especially in a contraction.
E.g. Back in the late ’80s, the claimant was stopped at two o’clock in
the morning for driving under the influence.

40. Preventing Misused Apostrophes
 Generally, don’t use an apostrophe to form a plural. (But dot
your i’s and cross your t’s.)
Not this: In the 1990’s no zone is so intimate, personal, or private that
it is immune from the staring eye of the law.
But this: In the 1990s no zone is so intimate, personal, or private that it
is immune from the staring eye of the law.

41.  Don’t drop necessary apostrophes.
Not this: Reynolds went immediately to the Johnsons
house.
But this: Reynolds went immediately to the Johnsons’
house.

42. Question Mark—common uses &
misuses
 Use a question mark after a direct question.
E.g. When is there no right answer to a question of law?

43. Preventing Misused Question
Marks
 Don’t use a question mark after an indirect
question.
Not this: She asked whether anyone present had seen the
accident?
But this: She asked whether anyone present had seen the
accident.

44. Exclamation Point—common uses &
misuses
 Use an exclamation point after an exclamatory word,
phrase, or sentence— especially when quoting
someone else.
E.g. Within seconds, there were cries: “Help! Man
overboard!”

45. Preventing Misused
Exclamation Points
 Generally, don’t use an exclamation point to
express your own surprise or amazement.
Not this: Yet they can’t support this argument!
But this: Yet they can’t support this argument.

46. Period— uses
 Use a period to end a sentence that is neither a
question nor an exclamation.
 Use a period to indicate abbreviations such as Mr.,
Ms., Mrs., etc.
 Put the period outside parentheses or brackets that
enclose only part of a sentence, but inside
parentheses or brackets that enclose a complete
sentence.

47. Brackets—common uses & misuses
 Use a pair of brackets in a quotation to enclose an editorial
comment, correction, explanation, interpolation, substitution, or
translation that was not in the original text.
E.g. “The action arose ex delicto [in tort], not ex contractu [from a
contract].”

48.  Use a pair of brackets around any character that you
change in or add to quoted material.
E.g. The search-warrant requirement arose from the
Founders’ understanding that “[p]ower is a heady
thing, and history shows that the police acting on
own cannot be trusted.”

49.  Use a pair of empty brackets to show the deletion of
part of a word.
E.g. When a case becomes moot, the federal courts
] subject-matter jurisdiction over the action.”

50. Preventing Misused Brackets
 Don’t use brackets in place of ellipsis dots when
one or more words have been deleted without any
replacement language.
Not this: “Although [ ] Jackson need not show a
significant injury, he must have suffered at least some
injury.”
But this: “Although . . . Jackson need not show a
significant injury, he must have suffered at least some
injury.”

51. Slash (Virgule)—common uses &
misuses
 Use a slash to separate the numerator from the
denominator in a fraction.
 In informal writing, use a slash as a shorthand signal
for “per.” i.e. per hour
 In informal writing, use a slash to separate the
elements in a date.
 In informal writing, use a slash to separate alternatives
(but remember to avoid and/or).

52. Preventing Misused Slashes
 Don’t use a slash when an en-dash or a hyphen
would suffice.
Not this: An essential element of the employer/employee
relationship was lacking.
But this: An essential element of the employer–employee
relationship was lacking.

53. Attempt the following -
 A comma should be used after a salutation in a formal letter.
 A bracket is used to denote omission of a word.
 Comma and colon can’t be used interchangeably before a
quotation.
 Question mark can be used even after an indirect question.
 Parenthesis should be used instead of brackets to insert an editorial
comment or a translation that was not in present quoted text.
 Ellipses is used to denote a missing letter.
 Parenthesis is used to set off or minimize an inserted phrase /
sentence.