英文法律文书简明教程(八)
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Commas

  逗号的用法是正确运用标点过程中最复杂,最容易产生误解的问题之一。在一些情形中,存在着被广泛接受的用法。然而在另一些情况下,却有不只一种用法。学生常常认为,担心标点的用法有点可笑:毕竟,法律分析才是最重要的呀。但是,假如一个人申请一份工作或向上级提交书面报告,没有什么会比忽视标点运用基本规则更容易给人留下负面印象的了。毕竟,一位高级律师是决不会愿意去更正一位初级律师的逗号的用法的。

  Comma usage is one of the most complex, and most misunderstood, questions of proper punctuation1. In some cases there are widely accepted rules governing comma usage; in a few cases, there is more than one acceptable approach. Students often think it's silly to worry about things such as punctuation: after all, isn't the legal analysis what really counts? However, when one applies for a job or submits written work to a supervisor2, nothing will leave a more negative impression than ignorance of the basic rules of punctuation. After all, the last thing a senior attorney wants to do is correct a junior attorney's comma usage.

  1.

  当你用一个短语或从属分句开始一个句子,并随后引入一个独立分句时,用逗号分隔。

  When you begin a sentence with a phrase or dependent clause to introduce a subsequent independent clause, separate the clauses with a comma.

  Incorrect: After many years as a criminal prosecutor3 she ascended4 to the bench.

  Correct: After many years as a criminal prosecutor, she ascended to the bench.

  Incorrect: Because the witness was unavailable the judge allowed the introduction of the testimony5 pursuant to an exception to the hearsay6 rule.

  Correct: Because the witness was unavailable, the judge allowed the introduction of the testimony pursuant to an exception to the hearsay rule.

  2. 用逗号分隔非限制性从句,但不要用逗号分隔非限制性从句。

  非限制性从句告诉你关于句子主语的某些事情,但并不对其含义进行限定;相反,限制性从句对主语的含义进行限定。

  Use commas to set off a nonrestrictive clause in the middle of a sentence, but not to set off a restrictive clause. Nonrestrictive clauses tell you something about the subject of a sentence, but they do not limit, or restrict, the meaning. Restrictive clauses, on the other hand, limit the possible meaning of the subject.

  ompare the following examples.

  Correct Restrictive Use:

  The suspect in the lineup who has red hair committed the crime.

  Note how the subject "suspect" in this sentence is restricted in two ways: we know that this suspect is both in the lineup and has red hair. As a result, we know that the other suspects, who are not in the lineup, could not have committed the crime. Moreover, of those suspects in the lineup, we know that the one suspect in the lineup with red hair committed the crime. If there were more than one suspect in the lineup with red hair, the above usage would be incorrect because it implies a different meaning.

  Correct Nonrestrictive Use:

  The suspect in the lineup, who owns a red car, committed the crime.

  In this example, the restrictive clause "in the lineup" tells us that of all possible suspects in the world, the one who committed the crime is in the lineup. However, while the nonrestrictive clause "who owns a red car" tells us something about the suspect, it does not foreclose the possibility that there are several different suspects in the lineup with red cars. The car color may tell us something useful, but it does not restrict us to only one possibility.

  3.用两个逗号来分隔同位语或插入语。同位语是对它所跟随的名词进行描述的单词或短语,插入语告诉我们关于某个名词的一些事情,但对阐述该名词并不重要。

  Use two commas to set off an appositive or an aside in the midst of a sentence. An appositive is a word or phrase that describes a noun it follows. An aside tells us something about the noun, but is not essential to defining the noun.

  Correct Use with an Appositive:

  The police chief, William A. Bendofsky, is an authority on the use of roadblocks to protect neighborhoods from drive-by shootings.

  Correct Use with an Aside:

  The pretrial phase of the litigation, like all pretrial work, lasted longer than the trial itself.

  4. 用两个逗号,而不是一个,来分隔非限制性从句。

  Use two commas, not one, to set off a nonrestrictive clause in the middle of a sentence.

  Incorrect: The city, a polyglot7 of different races and religions provided many opportunities for cultural exchange.

  Correct: The city, a polyglot of different races and religions, provided many opportunities for cultural exchange.

  5.在过渡性的副词前加逗号。比较常用的副词有accordingly, furthermore, however, moreover, therefore, 和 thus。

  Place a comma after a transitional word that introduces a sentence. The following are examples of commonly used transitional words: accordingly, furthermore, however, moreover, therefore, and thus.

  Incorrect: Accordingly he granted the motion to dismiss.

  Correct: Accordingly, he granted the motion to dismiss.

  Incorrect: Moreover she convinced the judge that her client had been out of state at the time of the burglary.

  Correct: Moreover, she convinced the judge that her client had been out of state at the time of the burglary.

  6. 当用逗号来分隔列举的项目时,在名单的最后一个项目之前前的连词前面加逗号。有许多人并不这样做,虽然这种用法比较常见,但这种方式在某些情况下有可能会产生歧义。

  When using commas to separate items in a list, place a comma before the conjunction that precedes the last separate item in the list, unless that last item is a compound term. Many people are taught not to place a comma before a conjunction preceding the last item in a list (such as, "red, white and blue"). However, while popular, this approach runs the risk of creating ambiguity8 in a number of situations. Consider the following.

  Incorrect: The car was available in red, white, black and tan, and special-order colors.

  上例中,如果车子有四种标准颜色可供选择,则逗号的用法不正确,因为这种用法使人以为车子还有一种复合颜色(black and tan)可供选择。但如果车子只有三种颜色可选,其中一种是复合颜色(black and tan),那么上述用法就是正确的。

  If the car is available in four standard colors, then the above usage is incorrect, because it implies that black and tan is one, two-tone color option. However, if there are only three color options, one of which is black and tan, then the above usage is correct.

  Correct: The car was available in red, white, black, and tan, and special-order colors.

  上例中,放在连词and前的逗号使得读者很清楚,车子共有四种标准颜色的款式,避免了由于在连词and前不加逗号所产生的歧义。

  The use of the comma before the first conjunction in this sentence makes it clear that there are four standard color options, avoiding the ambiguity created in the first example by the absence of a comma before "and tan."

  7. 如果有两个形容词一起修饰一个名词时,使用逗号分隔这两个形容词。如果这两个形容词中的第一个形容词是用来修饰第二个形容词的,而不是修饰后面的名词,就不要用逗号分隔这两个形容词。

  Use a comma to separate two adjectives that modify the same noun, but do not use a comma if the first of two adjectives modifies the second adjective, but not the noun. In considering this choice, ask yourself whether the two adjectives can be reversed. If they can, as in the first example below, separate them with a comma. If they can not, as in the second example below, do not use a comma.

  Incorrect: The only approach to the city was by a long old highway.

  Correct: The only approach to the city was by a long, old highway.

  Incorrect: The suspect drove a light, blue truck.

  Correct: The suspect drove a light blue truck.

  In the second example, use of a comma would be incorrect, since "light" modifies "blue," and is therefore not part of a series of commas that modify the word "truck." However, on the off chance that the writer intended to write that the truck was light in weight as well as blue in color, then the first use would be correct. Thus, you can change the meaning of a sentence —— sometimes inadvertently —— by your use of commas.

  8. 不要用逗号来替代引导词that。

  Do not use a comma to replace the word "that."

  Incorrect: The court decided9, there is no constitutional right to a second appeal, except by means of a habeas petition.

  Correct: The court decided that there is no constitutional right to a second appeal, except by means of a habeas petition.

  Also Correct:

  The court decided there is no constitutional right to a second appeal, except by means of a habeas petition.

  In the second correct example, removing the word "that" from the sentence is acceptable because its absence does not confuse the reader. However, leave "that" in a sentence if removing it would create some doubt in the reader's mind concerning what the writer meant to convey.

  9.不要用逗号分隔一个句子的并列谓语,除非不加逗号会令人费解或是并列谓语的第二部分需要强调。

  As a general rule, do not use a comma to separate the parts of a double predicate, unless the sentence would be confusing without it, or the second part of the double predicate requires special emphasis. A double predicate exists where the sentence has one subject and two verbs related to that subject. (Please read rule 10 of this section as well.)

  Incorrect: The customer finished his meal, and paid the check.

  Correct: The customer finished his meal and paid the check.

  使用逗号分隔并列谓语来强调的例子:

  Correct Use of Comma to Create Emphasis:

  The defendant10 had been employed as a cashier for twenty years, and never once was accused of stealing money from the register.

  In the preceding example, the writer creates a greater emphasis on the defendant's innocence11 by setting off the second part of the double predicate with a comma. Without the comma, the second thought seems like an afterthought.

  使用逗号分隔句子避免歧义的例子:

  Correct Use of Comma to Avoid Confusion:

  The judge ruled that suppression of the evidence was required because it had been obtained illegally, and ordered the defendant released from prison.

  In this example, the writer avoids confusion by using a comma to introduce the second in the series of compound verbs; without the comma, one might not be sure whether the verb "ordered" related to the subject "it" or the subject "the judge." By contrast, in the sentence above about the restaurant customer, the comma is not needed, because it is a simple sentence.

  10. 当用连词连接两个独立从句时,在连词前加逗号。连词包括"and," "but," "or," "nor," 和 "yet"。

  When joining two independent clauses with a conjunction, place a comma before the conjunction. Conjunctions include the words "and," "but," "or," "nor," and "yet."

  Incorrect: The customer ate every piece of the apple pie and the waitress brought another pie.

  Correct: The customer ate every piece of the apple pie, and the waitress brought another pie.

  In the incorrect example, the reader may at first think the customer ate the pie and the waitress. In the correct example, the comma before the conjunction tells the reader, "Stop, another independent clause with its own subject (the waitress) is about to begin."

  11. 通常,在which前面加逗号,但不要在that前面加逗号。虽然有的作者习惯于用which来引入限制性从句,传统用法是用that来引入限制性从句,用which来引入非限制性从句。在引入限制性从句时,在that前不要加逗号,在引入非限制性从句时,在which前一定要加逗号。

  Generally, use a comma before "which" but not before "that." Although some writers use "which" to introduce a restrictive clause, the traditional practice is to use "that" to introduce a restrictive clause and "which" to introduce a nonrestrictive clause. When writing a restrictive clause, do not place a comma before "that." When writing a nonrestrictive clause, do place a comma before "which."

  Correct Restrictive Use:

  The store honored the complaints that were less than 60 days old.

  Correct Nonrestrictive Use:

  The store honored the complaints, which were less than 60 days old.

  These sentences have different meanings as well as different punctuation. In the restrictive sentence, the store honored only those complaints less than 60 days old, but not those over 60 days old. In the nonrestrictive sentence, the store honored all the complaints, all of which were less than 60 days old.

  12. 在引号内加入逗号,不要在引号外面加,不论逗号是否是其所引用的引语的组成部分。一般的规则是,逗号,句号总是放在引号内,而其他标点,如问号,冒号,分号和感叹号都应该放在引号外面,除非他们原来就是所引用的引语的组成部分。

  Place commas inside, not outside, quotation12 marks. Follow this practice whether or not the comma is part of the original quotation. The general rule is that commas and periods should be inside the quotation marks at all times, while all other forms of punctuation, such as question marks, colons13, semicolons, and exclamation14 points, should be outside the quotation marks, unless they were contained in the original quotation.

  Incorrect: The court held that "physical injury is not a required element of a sexual harassment15 claim", and the plaintiff went on to win her case.

  Correct: The court held that "physical injury is not a required element of a sexual harassment claim," and the plaintiff went on to win her case.

  13. 用两个逗号来分隔日期和地点。表述详细日期(年月日)时,或详细的地理位置(如国家,州,城市)时,在最后的项目前后加两个逗号。

  Use two commas when setting off dates and places. When using a full date (month, date, year) or multi-part geographical16 designation (such as city and state or city and country), use two commas around the last part of the designation.

  Incorrect: On June 28, 1974 Judge Hayes took her seat on the Supreme17 Court.

  Correct: On June 28, 1974, Judge Hayes took her seat on the Supreme Court.

  However: In June 1974 Judge Hayes took her seat on the Supreme Court.

  Incorrect: Laredo, Texas was host for the 1994 World Rodeo Championship.

  Correct: Laredo, Texas, was host for the 1994 World Rodeo Championship.

  Incorrect: We arrived in Tokyo, Japan for the meeting of the G-7 leaders.

  Correct: We arrived in Tokyo, Japan, for the meeting of the G-7 leaders.

  参考:从属从句和短语;限制性从句和非限制性从句

  Cross References: Dependent Clauses and Phrases; Clauses —— Restrictive and Nonrestrictive



点击收听单词发音收听单词发音  

1 punctuation 3Sbxk     
n.标点符号,标点法
参考例句:
  • My son's punctuation is terrible.我儿子的标点符号很糟糕。
  • A piece of writing without any punctuation is difficult to understand.一篇没有任何标点符号的文章是很难懂的。
2 supervisor RrZwv     
n.监督人,管理人,检查员,督学,主管,导师
参考例句:
  • Between you and me I think that new supervisor is a twit.我们私下说,我认为新来的主管人是一个傻瓜。
  • He said I was too flighty to be a good supervisor.他说我太轻浮不能成为一名好的管理员。
3 prosecutor 6RXx1     
n.起诉人;检察官,公诉人
参考例句:
  • The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
  • The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。
4 ascended ea3eb8c332a31fe6393293199b82c425     
v.上升,攀登( ascend的过去式和过去分词 )
参考例句:
  • He has ascended into heaven. 他已经升入了天堂。 来自《简明英汉词典》
  • The climbers slowly ascended the mountain. 爬山运动员慢慢地登上了这座山。 来自《简明英汉词典》
5 testimony zpbwO     
n.证词;见证,证明
参考例句:
  • The testimony given by him is dubious.他所作的证据是可疑的。
  • He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。
6 hearsay 4QTzB     
n.谣传,风闻
参考例句:
  • They started to piece the story together from hearsay.他们开始根据传闻把事情的经过一点点拼湊起来。
  • You are only supposing this on hearsay.You have no proof.你只是根据传闻想像而已,并没有证据。
7 polyglot MOAxK     
adj.通晓数种语言的;n.通晓多种语言的人
参考例句:
  • He was a round old man with a guttural,polyglot accent.他是一位肥胖的老人,讲话时带有多种语言混合的多喉音的声调。
  • Thanks to his polyglot aptitude,he made rapid progress.由于他有学习语言的天才,他学习的进度很快。
8 ambiguity 9xWzT     
n.模棱两可;意义不明确
参考例句:
  • The telegram was misunderstood because of its ambiguity.由于电文意义不明确而造成了误解。
  • Her answer was above all ambiguity.她的回答毫不含糊。
9 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
10 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
11 innocence ZbizC     
n.无罪;天真;无害
参考例句:
  • There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
  • The accused man proved his innocence of the crime.被告人经证实无罪。
12 quotation 7S6xV     
n.引文,引语,语录;报价,牌价,行情
参考例句:
  • He finished his speech with a quotation from Shakespeare.他讲话结束时引用了莎士比亚的语录。
  • The quotation is omitted here.此处引文从略。
13 colons 1fd6cf76e6fb145afb13e083362bfa2d     
n.冒号( colon的名词复数 );结肠
参考例句:
  • Enter unlisted values here. Use semi-colons to separate multiple values. 在此处输入未列出的值。用分号分隔多个值。 来自互联网
  • Colons separate hours, minutes, and seconds, although all need not be specified. 用冒号分隔小时、分钟和秒,但所有这些内容并非都需要指定。 来自互联网
14 exclamation onBxZ     
n.感叹号,惊呼,惊叹词
参考例句:
  • He could not restrain an exclamation of approval.他禁不住喝一声采。
  • The author used three exclamation marks at the end of the last sentence to wake up the readers.作者在文章的最后一句连用了三个惊叹号,以引起读者的注意。
15 harassment weNxI     
n.骚扰,扰乱,烦恼,烦乱
参考例句:
  • She often got telephone harassment at night these days.这些天她经常在夜晚受到电话骚扰。
  • The company prohibits any form of harassment.公司禁止任何形式的骚扰行为。
16 geographical Cgjxb     
adj.地理的;地区(性)的
参考例句:
  • The current survey will have a wider geographical spread.当前的调查将在更广泛的地域范围內进行。
  • These birds have a wide geographical distribution.这些鸟的地理分布很广。
17 supreme PHqzc     
adj.极度的,最重要的;至高的,最高的
参考例句:
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
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