Write On!, 0417 WYBJ, Vol. 40 No. 2. 48

AuthorMichael R. Smith, University of Wyoming College of Law Laramie, Wyoming

Write On!

Vol. 40 No. 2 Pg. 48

Wyoming Bar Journal

April, 2017

Parallel Structure of Lists: The Basics and The Bold

Michael R. Smith, University of Wyoming College of Law Laramie, Wyoming

According to rules of grammar and composition, items in a series or list should be presented in parallel grammatical structure. At the most basic level, this rule applies to items in an informal series contained in a single sentence. Consider the following examples:

Example lacking parallelism: The defendant likes hunting, fishing, and to camp.

Example reflecting parallelism: The defendant likes hunting, fishing, and camping.

Example lacking parallelism: The court’s holding is novel, efficient and it is logically sound.

Example reflecting parallelism: The court’s holding is novel, efficient and logically sound.

Example lacking parallelism: Emphasizing the statutory language, distinguishing the unfavorable cases, and to argue policy are the keys to our rebuttal.

Example reflecting parallelism: Emphasizing the statutory language, distinguishing the unfavorable cases, and arguing policy are the keys to our rebuttal.

Example lacking parallelism: The court decided to reverse the murder conviction, affirm the burglar conviction and it would remand the case for re-sentencing.

Example reflecting parallelism: The court decided to reverse the murder conviction, affirm the burglar conviction and remand the case for re-sentencing.

Example lacking parallelism: Every night, the security guard walks the halls, secures the doors and would check the alarm system.

Example reflecting parallelism: Every night, the security guard walks the halls, secures the doors and checks the alarm system.

The rule for parallel structure also applies to more formal lists, such as lists that set out the parts of a legal test. Consider the following example, which (poorly!) sets out the list of factors courts consider under negligence law in determining whether a duty of care exists:

Example lacking parallelism:

In determining whether a duty of care will be recognized, Wyoming courts consider the following factors: (1) whether the harm to the plaintiff was foreseeable, (2) how close the connection was between the defendant’s conduct and the injury suffered, (3) how certain it was that the plaintiff suffered injury, (4) if there was moral blame attached to the defendant’s conduct, (5) the policy of...

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