Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003. / Word processed copy. Summary in English. Includes bibliographical references (leaves 117-122). Also available online.

In this study, an analysis and an evaluation of the feedback comments made by fourth year law students on legal writing assignments of first year law students is made. The purpose is to formulate a sense of the student tutors' shared capacity to critique legal writing, and thereby assist in developing the writing skills of first year students at one South African law school. A review of the literature on legal writing from the United States of America suggests that there has been a shift away from the current-traditional paradigm, which focussed on formal features of legal writing. The 'new legal rhetoric' approach, based on research and theoretical understandings which view writing as a recursive process , has now been widely adopted. This approach has been further extended by the 'social perspective,' which acknowledges writing as a social practice. which novice writers can learn from experts within the legal discourse community. Finally, critical reading and writing theorists propose a politicised approach to writing, encouraging critiques of alienating discourse practices. Legal writing pedagogy in the United States has reflected these changing theoretical perspectives. The 'process' approach to teaching writing requires intensive writing instruction and practice by novices. Several drafts of assignments are submitted, and instructors respond with appropriate written (and verbal) feedback comments, which are intended to motivate revisions. The implications of this approach are that increased numbers of trained writing instructors are required to implement such a labour-intensive pedagogy. Resource constraints, and the difficulties of staffing such programmes, have resulted in innovative models being devised. The use of student tutors to assist in teaching legal writing inspired the introduction of a comparable tutor-training course at the University of Natal, Durban Law School, in 1999. In this study, eighteen pieces of writing: three different examples of first year law students' writing, on which six tutors had each written feedback comments, were analysed. The number, accuracy and type of comments were tabulated, and the tone and quality of the responses were evaluated against the theoretical frameworks reviewed above. A descriptive, qualitative interpretation of their commenting practice develops a detailed sense of their successes and deficiencies. The conclusions which emerged suggest that modifications to the tutors' education and training , and closer supervision/monitoring procedures would enhance the tutors' theoretical understandings, as well as their commenting practice. The value and viability of such a programme is confirmed by the empirical information, and indicates that student tutors can extend teaching resources, to provide the assistance necessary to implement intensive legal writing instruction. In a South African context, where academic literacy skills are so often deficient in first year students, a programme which builds capacity and extends limited teaching resources can be extremely beneficial. / Thesis (M.Ed.)-University of Natal, 2001.

Thesis (M.A.)--University of Central Florida, 2008. / Adviser: Madelyn Flammia. Includes bibliographical references (p. 178-187).

LL.M.

There is an absence of any significant written material applying standard rhetorical principles to the communication of the results of basic legal research. This study attempts to fill that void. It proceeds from a discussion on the nature of legal precedents (stare decisis) to a chapter on legal research tools and techniques which enable one to discover these precedents. It continues with an explanation of what a "legal issue" is and how one discovers it among various facts relevant to a case, but not necessarily vital to it. The balance of this thesis concisely details the adaptability of traditional rhetorical techniques to legal writing, then pragmatically concludes by suggesting how one can prepare an appellate brief by combining this two-fold principle, which is both academic and legal.

Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003 / The framework of the employment relationship is regulated by labour legislation. The relationship is known as the tripartite relationship, it is made up of the employer, employees normally represented by the union and the state. The state is responsible for the statutory and legislative framework within which this relationship is conducted.Legislation has been traditionally written in such a manner that only a selected group could understand and interpret it. The new dispensation in South Africa necessitated a move from the traditional manner in which legislation has been drafted to a more open and transparent format, which the general public can understand and comprehend. Plain language drafting that has been in use for the past 28 years intemationally is a method of drafting legislation which focuses on the reader or end-user.This study investigated the impact on comprehension and understanding levels of subjects when presented with a format of labour legislation that was redrafted using the guidelines of plain language drafting as opposed to the current format of the legislation.The research hypothesis was "Legislation will be more easily understood if redrafted in terms of plain language principles."An extensive literature review on plain language drafting, plain language principles and on mass communication was undertaken. The focal area in the literature review dealt with research that has been conducted on plain language drafting in labour legislation and on the theory of drafting and plain language.The empirical study was conducted at a model C type, senior secondary school in the Westem Cape with English speaking grade 11 students. The study tested the comprehension and understanding levels of the respondents 'In an experimental and control group environment. The experimental group receivedthe redrafted format of the legislation and the control group received the current format of the legislation.The results of the empirical study, conclusively demonstrated that the respondents in the experimental group who received the redrafted fonnat of the legislation, far exceeded the performance of the results that were achieved by the control group who received the current format of the legislation. The test results were exposed to various statistical measures to validate the research hypothesis. The findings of the statistical measures supported the research hypothesis.The findings of the empirical study concurred with the literature review and the research hypothesis; that when plain language drafting principles are applied to legislation, the reader more easily understands it.In conclusion the statistical tests have conclusively proved that, overall, plain language does improve comprehension of the legislation.

Communication builds the foundation for the law in the United States, as it involves ample verbal and written communication. Legal documents, such as legislation and case transcripts, enter the "public domain," so the public at large can freely access these documents. However, the complexity of the legal language and style severely limits the average citizen's ability to understand the contents. The same anomalies confront laypeople on juries. In the case of the law, intelligibility is a serious issue. Problems arise for laypeople when legal professionals do not consider the public. Legalese, the exceptionally abstruse legal vocabulary; Latin terms, which abound in legal language; and other legal writing style issues create serious difficulties for a lay audience. Effective technical communication conveys field-specific information with a level of technicality appropriate for the needs and experience of the target audience. Topics commonly studied in technical communication-such as audience analysis, a plain style, and usability testing-offer solutions to the problems that legal language causes. This study includes an examination of certain sections of the Florida Statutes and various case transcripts to identify deficiencies in making legal matters clear to the lay public. It also demonstrates the application of technical communication principles to improve public access to the law and advocates the involvement of technical communicators in the legal arena.