More True Confessions of a Legal Writing Professor: Is the Phrase "And/Or" Really So Evil? 

Abstract

This, at times, irreverent, tongue-in-cheek article is about the phrase, “and/or” and the reasons why it is ambiguous. First, this article discusses how legal writing experts, courts, and other commentators have criticized the phrase in terms that are not so complimentary. Second, it discusses how notwithstanding this criticism, courts, including the Supreme Court, have used it. Third, it discusses those instances when it might be appropriate to use the phrase using case law examples involving the adequacy of allegations in a complaint and in statutes (although people are divided on whether this is appropriate). Fourth, it addresses those situations where the phrase should not be used, such as in indictments and jury instructions. Finally, it addresses the use of the phrase in contracts.  

Keywords: and/or in contracts, statutes, indictments, jury instructions, contracts, statutes, legal writing, ambiguity