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The hyphen is a punctuation mark used to join words and clarify meaning. In legal writing, the hyphen is often used to connect two or more words that are closely related, such as in the phrase common-law partner. Generally, when a phrasal adjective comes before a noun, it is hyphenated, as in common-law partner. However, when the modifying phrase follows the noun, a hyphen is usually not needed, for example, the complaint was well pled. There are exceptions to this rule, and some standard phrases are typically hyphenated, such as cost-effective and drug-free. Legal writers must also consider their audience's knowledge level when deciding whether to hyphenate, as some phrases may be clear to legal professionals but not to non-lawyer audiences.
| Characteristics | Values |
|---|---|
| When to hyphenate | To avoid confusion with nouns, especially when the phrasal adjective comes before the noun |
| Hyphenating adjectival phrases | Common-law partner, high-performing employee, public-agency exception |
| Hyphenating suspended compounds | Interest- or revenue-producing scheme, two-, four-, and six-metre widths |
| Not hyphenating | Familiar legal phrases like common law doctrine, third-party beneficiary, or summary judgment motion |
| Not hyphenating | When the modifying phrase follows the noun, e.g., "a well-pled complaint was well pled" |
| Not hyphenating | Chemical terms used as adjectives, e.g., calcium nitrate deposit |
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What You'll Learn
Hyphenating 'common law' to avoid confusion
Hyphens are used to join words and separate syllables of a single word. They are also used to connect two or more things that are closely related. In the context of legal writing, the hyphen's main function is to connect and clarify.
When to hyphenate common law:
It is important to hyphenate common law when it is used as an adjectival phrase to avoid confusion with the noun phrase "the common law". For example, "common-law partner" is an adjectival phrase, whereas "the common law" is a noun phrase. This hyphenation helps to instantly clarify that the words modify the noun jointly, not independently.
Additionally, when a phrasal adjective comes before the noun, hyphenation is usually necessary. For example, "common-law mirror-image rule" is clearer than "common law mirror image rule". This is because the hyphenation helps to lessen the reader's burden by instantly conveying that "common-law" modifies "mirror-image rule" jointly.
However, it is important to note that not all phrases require hyphenation. Familiar legal phrases that are commonly understood without hyphenation include "common law doctrine", "third-party beneficiary", and "summary judgment motion". In these cases, the lack of hyphenation does not create confusion, and adding hyphens is unnecessary.
Furthermore, when the modifying phrase follows the noun, hyphenation is typically not needed. For example, "the well-pled complaint was well pled" is clearer without a hyphen in the second instance because the reader first encounters the noun ("complaint") before the modifier ("well-pled"), reducing the risk of confusion.
In conclusion, when deciding whether to hyphenate "common law" or any other phrase, consider the potential for confusion. Hyphenation can provide instant clarity by indicating that words modify a noun jointly. However, common sense should dictate when adjectival phrases need to be reined in, and some familiar legal phrases are understood without hyphenation.
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When 'common law' is a noun
The hyphen is used to connect two or more words or to separate syllables of a single word. In the context of "common law," the hyphen is used to distinguish between the noun phrase "the common law" and the adjectival phrase "common-law."
When "common law" is used as a noun phrase, it refers to the body of law derived from judicial decisions and precedents rather than statutory law. It is a system of law that has evolved over time based on the decisions of judges and courts. In this context, "the common law" is a singular, cohesive concept and is not hyphenated.
On the other hand, when "common-law" is used as an adjectival phrase, it modifies or describes something else. For example, "common-law partner" or "common-law rule" are phrases where "common-law" is used to describe or modify the nouns "partner" and "rule," respectively. The hyphen in these phrases indicates that "common-law" is acting as a compound adjective.
Hyphenation helps to clarify the meaning of compounds and avoid confusion between nouns and adjectival phrases. For example, consider the phrase "common law mirror image rule." Without the hyphen, as in "common law mirror image rule," it may be unclear if "common law" is being used as a noun or an adjective. By hyphenating it as "common-law mirror image rule," we indicate that "common-law" is an adjective modifying the noun "rule," providing clarity to the reader.
It is important to note that hyphenation rules may vary depending on the context and the intended audience. Some sources suggest that hyphenation can be omitted for familiar legal phrases or when the modifying phrase follows the noun. However, in cases where there is a risk of confusion, hyphenation can be a useful tool to enhance clarity and understanding for both legal and non-legal audiences.
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When 'common law' is an adjective
The hyphen is a punctuation mark used to join words and clarify the relationship between words in a phrase. In general, you should hyphenate when a phrasal adjective comes before a noun, for example, "common-law partner". This is to avoid confusion with nouns, such as "the common law", which does not require a hyphen.
Hyphenation can also be used to provide clarity to the reader, particularly when a phrase may be confusing without it. For example, "the benefit-of-insurance and waiver-of-subrogation clauses". However, this should be applied with common sense, as some legal phrases are familiar enough without a hyphen, such as "common law doctrine".
When the modifying phrase follows the noun, you typically don't need to use a hyphen. For example, "the well-pled complaint was well pled". However, some sources suggest that you should hyphenate standard phrases that are "invariably hyphenated", such as "cost-effective", even when they come after the noun. This is especially important when writing for non-specialist audiences who may not be familiar with legal terminology.
Suspended hyphens can also be used when there are two similar compound modifiers, to avoid repeating the second part of the phrase. For example, "right- and left-brain functions". This is particularly useful in legal writing, where there are many phrases that technically require hyphens but may be understood without them.
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The role of common sense in hyphenation
Hyphens are used to join words and clarify the meaning of compounds. The hyphen's main job is to connect two or more things that are closely related. For example, "common-law partner" is an adjectival phrase, whereas "the common law" is a noun phrase.
In general, common sense should dictate when adjectival phrases need to be reined in and the sentence or phrase reworked. For instance, "the benefit-of-insurance and waiver-of-subrogation clauses" is clearer than "the benefit of insurance and waiver of subrogation clauses."
However, the use of hyphens can depend on the intended audience. For example, legal writers may encounter a problem when applying hyphenation rules, as some legal phrases are familiar and do not require hyphens, even if they technically should have them. In these cases, it may be appropriate to hyphenate only for non-lawyer audiences.
Additionally, there are other rules and conventions that govern hyphenation. For example, suspended" compounds, where an element common to successive compound adjectives is omitted, are hyphenated (e.g., "interest- or revenue-producing scheme"). Chemical terms used as adjectives are also not usually hyphenated (e.g., "calcium nitrate deposit").
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When to hyphenate compound modifiers
Hyphenation is a tricky aspect of the English language, with even language specialists disagreeing on its usage. However, it is an important tool that can aid understanding and should be used when necessary for that purpose.
Compound modifiers, also called compound adjectives, phrasal adjectives, or adjectival phrases, are a compound of two or more attributive words, or words that collectively modify a noun. For example, "common-law partner" is a compound modifier where "common-law" modifies the noun "partner".
Compound modifiers that appear before a noun phrase should generally be hyphenated to prevent confusion and clearly signal the structural relationships between words. For example, "common-law mirror-image rule" is a compound modifier where "common-law mirror-image" modifies the noun "rule". Without the hyphen, a reader might interpret "common law" as the noun and struggle to understand the phrase.
However, there are exceptions to the rule. Hyphenation is generally not necessary when the modifying phrase follows the noun, as in "the actress is well known". Hyphenation is also not required for adverbs ending in "-ly", such as "a radically different design" or "a highly skilled writer". Additionally, when both words in a compound modifier are nouns, misunderstanding is unlikely, so hyphenation is typically not needed, as in "a summary judgment motion".
Ultimately, the decision to hyphenate compound modifiers can depend on context and audience knowledge. Some sources recommend applying a flat rule of always hyphenating compound modifiers, while others suggest a case-by-case approach, hyphenating only when necessary to prevent confusion.
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Frequently asked questions
The hyphen’s main job is to connect two or more words or parts of words. It also helps to clarify the meaning of compounds and the structural relationships between words.
"Common law" is a noun phrase, so it does not need to be hyphenated. However, when used as an adjective, you should write "common-law", as in "common-law partner" or "common-law mirror-image rule".
You should hyphenate when two or more consecutive words only make sense when understood together as an adjective modifying a noun that follows. For example, "special-interest money" or "high-school student". You should also hyphenate when two or more words work together as a single modifier, or "phrasal adjective", as in "common-law mirror-image rule".
You do not need to hyphenate when the modifying phrase comes after the noun, as in "We offer a discount to a new customer". You also do not need to hyphenate proper nouns (e.g. United States treaties), foreign phrases (e.g. prima facie case), or adverbs ending in -ly (e.g. a radically different design).
If you are uncertain about how to write a compound term, you can consult a dictionary or usage guide, or keep a list of the preferred spellings of compounds that you can refer to.
