Use the Present Tense
Rewrite the following rule description in present tense:
Under Texas law, a person who knowingly enters another's property without consent was considered a trespasser.
Under Texas law, a person who knowingly enters another's property without consent is considered a trespasser.
From the quoted source, select only the language that should be quoted verbatim. Paraphrase the remainder.
“A landlord shall provide a tenant with written notice of termination at least 30 days prior to the date on which the tenancy is to terminate.”
A landlord must provide a tenant with “written notice of termination at least 30 days” before the tenancy ends.
Rewrite this rule so that a non-lawyer can understand it:
A person is liable for negligence if the person breaches a duty of reasonable care owed to another and that breach proximately causes the other's injury.
A person may be legally responsible for an injury if the person fails to act reasonably when the person has a responsibility to do so, and that failure causes the injury.
Rewrite the following rule description in present tense:
Courts applying the statute generally held that a plaintiff could recover damages only if the defendant acted negligently.
Courts applying the statute generally hold that a plaintiff can recover damages only if the defendant acts negligently.
From the quoted source, select only the language that should be quoted verbatim. Paraphrase the remainder.
“A person commits trespass when that person enters or remains on property owned or possessed by another person without the owner's or possessor's consent.”
A person commits trespass when the person enters or remains on another's property “without the owner's or possessor's consent.”
*room for debate on "enters or remains"
Rewrite this rule so that a non-lawyer can understand it:
An at-will employee may be terminated at any time and for any reason that does not violate the law, unless an express or implied agreement limits the employer's right to terminate the employee.
An employer generally may fire an employee at any time and for any reason, as long as the reason is not illegal, unless the employer and employee have an agreement that limits the employer's right to fire the employee.
Rewrite the following in the present tense:
At the time of the court's decision, the rule was that an employer who terminated an employee in violation of public policy would have been liable for wrongful termination.
The rule is that an employer who terminates an employee in violation of public policy is liable for wrongful termination.
From the quoted source, select only the language that should be quoted verbatim. Paraphrase the remainder.
“A plaintiff asserting a claim for negligent misrepresentation must establish that the defendant, in the course of the defendant's business or profession, supplied false information for the guidance of others in their business transactions, failed to exercise reasonable care or competence in obtaining or communicating the information, and that the plaintiff justifiably relied upon the information and suffered pecuniary loss as a result.”
To establish negligent misrepresentation, a plaintiff must show that the defendant supplied “false information," did not exercise "reasonable care or competence" in obtaining or communicating that information, and that the plaintiff “justifiably relied upon the information” and suffered financial loss as a result.
Rewrite this rule so that a non-lawyer can understand it:
A plaintiff may recover damages for breach of contract only if the plaintiff establishes that the defendant's breach caused the plaintiff's losses and that those losses were reasonably foreseeable when the parties entered into the contract.
A person can recover money for a broken contract only if the other party's failure to keep the agreement caused the person's losses and those losses could reasonably have been expected when the parties made the agreement.
Rewrite the following in the present tense:
To prevail on a claim for fraud, a plaintiff was required to establish that the defendant made a material misrepresentation, knew that the representation was false or acted recklessly regarding its truth, intended the plaintiff to rely on the representation, and that the plaintiff justifiably relied on the representation and suffered damages as a result.
To prevail on a claim for fraud, a plaintiff must establish that the defendant makes a material misrepresentation, knows that the representation is false or acts recklessly regarding its truth, intends the plaintiff to rely on the representation, and that the plaintiff justifiably relies on the representation and suffers damages as a result.
From the quoted source, select only the language that should be quoted verbatim. Paraphrase the remainder.
“To establish a claim for intentional infliction of emotional distress, a plaintiff must prove that the defendant intentionally or recklessly engaged in extreme and outrageous conduct that caused the plaintiff to suffer severe emotional distress. Conduct is extreme and outrageous when it exceeds all possible bounds of decency and is regarded as atrocious and utterly intolerable in a civilized community.”
A plaintiff must prove that the defendant intentionally or recklessly engaged in conduct that was “extreme and outrageous” and caused severe emotional distress. Conduct is extreme and outrageous when it “exceeds all possible bounds of decency” and is regarded as intolerable in a civilized community.
Rewrite this rule so that a non-lawyer can understand it:
An employer may be held vicariously liable for an employee's tortious conduct when the conduct occurs within the course and scope of the employee's employment. An employer generally is not liable for conduct outside the scope of employment.
An employer can be legally responsible for an employee's wrongful actions when the employee is acting as part of the employee's job. The employer generally is not responsible for actions the employee takes outside the job.