LawProse Lessons

LawProse Lesson #162: Singular or plural pronoun with an entity?

Should you use a singular or plural pronoun when referring to an entity? A pronoun must agree in number with its antecedent. Although that rule is usually simple enough, it becomes a little tricky when the antecedent is a collective noun — a word that is singular in form but denotes a group of people …

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Garner’s Usage Tip of the Day: wed.

wed. This verb is traditionally inflected “wed / wedded / wedded.” As a past-tense form, “wed” is a variant that Webster’s New International Dictionary (2d ed.) labels “dialectal.” Stick with “wedded” — e.g.: o “Last year, the singer [Dan Fogelberg] wed [read ‘wedded’] his longtime fiancée, Anastasia Savage, who shares his love of oil painting.” …

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LawProse Lesson #161: Multiple punctuation marks.

Multiple punctuation marks. After last week’s lesson on punctuation with quotation marks, a few people asked how to punctuate a midsentence quotation that ends in a question mark. For example: By first deliberately stating an incorrect version of the events and then asking, “That’s the way it happened, isn’t it?” the detective lured the suspect …

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LawProse Lesson #160: Correct punctuation with quotation marks.

Correct placement of punctuation in relation to quotation marks. A common grammatical concern is how to punctuate around a quotation correctly. Does a semicolon go inside or outside the closing quotation mark? What about a question mark? What if the quotation itself is a question? And what if you have nested quotations? Here are some …

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Garner’s Usage Tip of the Day: waylay / waylaid / waylaid.

waylay / waylaid / waylaid. Occasionally the past tense or past participle is misspelled *”waylayed” — e.g.: o “Keggi’s career was waylayed [read ‘waylaid’] in 1993 when she drank some bad water and was stricken with lingering symptoms from E-Coli bacteria.” Paul Harber, “They’re Going the Distance,” Boston Globe, 24 Apr. 1997, at C10. o …

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LawProse Lesson #159: Were you “summonsed” or “summoned” to appear in court?

Were you summonsed or summoned to appear in court? Although summonsed isn’t downright wrong, in modern legal usage it’s much preferable to say that someone was summoned to appear in court. Summons as a verb dates from the 17th century. It has been used to mean (1) “to cite to appear before a court, judge, …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. veld /velt/ (= an open, nearly treeless grassland) is the standard spelling. *”Veldt” is a variant (chiefly in South African English). vendor (= one who sells) is the standard spelling. *”Vender” is a variant. “Vendor” is pronounced /VEN-duhr/, not /VUN-dor/. venerable = (of people) worthy of being venerated, revered, or highly respected and …

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LawProse Lesson #158: Whether “whether” causes problems for writers.

Whether whether causes problems for legal writers. Yes, it does — in four ways: (1) in issue statements, (2) in the common misusage of if for whether, (3) in needless instances of whether or not, and (4) in the proper phrasing of an appositive (question whether vs. question of whether vs. question as to whether). …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. variable, adj.; variant, adj.; variational; *variative. “Variable” = subject to variation; characterized by variations. “Variant” = differing in form or in details from the one named or considered, differing thus among themselves (Concise Oxford Dictionary). “Variational” = of, pertaining to, or marked or characterized by variation. *”Variative” shares the senses of “variational”; because …

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LawProse Lesson #157: An Immediate Improvement for Contracts

What’s the easiest way to improve most transactional drafting? Rigorously impose a consistent numbering system, create more headings, and banish romanettes. Use a cascading left-hand indent. Ideally, the numbering has four levels of breakdown. That’s all you’ll normally need: Imposing this format on existing documents has several advantages. First, you’ll discover many needless inconsistencies in …

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Garner’s Usage Tip of the Day: vouchsafe.

vouchsafe. “Vouchsafe” ordinarily denotes “to grant something in a condescending way,” or, more neutrally, “to grant something as a special favor.” The word is often mildly sarcastic — e.g.: “Gen. Powell’s opinions, as he has been vouchsafing them, were unformed or, where formed, oddly out of date.” “America’s Son,” Nat’l Rev., 27 Nov. 1995, at …

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LawProse Lesson #156: The biggest mistake in motion practice.

The biggest mistake in motion practice. What’s the biggest mistake commonly made in motion practice? It’s getting off to a bad start, typically with a repugnant paragraph containing cumbersome boilerplate and parenthetical definitions that insult the judge’s intelligence. A brief that gets off to a bad start is a bad brief. There is no recovering. …

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Garner’s Usage Tip of the Day: violoncello.

violoncello. “Violoncello,” not *”violincello,” is the correct spelling for the bass member of the violin family. Not surprisingly, the word is often misspelled — e.g.: o “He used a violincello [read ‘violoncello’] for the body of the female figure.” Robert L. Pincus, “Surrealist Max Ernst Just Having Fun with Sculpture,” San Diego Union-Trib., 19 July …

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LawProse Lesson #155: Is it properly “brinkmanship” or “brinksmanship”?

Is it properly brinkmanship or brinksmanship? Brinkmanship. There’s no s after the brink, though many people mistakenly add it on the analogy of gamesmanship (which applies to all types of games and competitions). The forthcoming 10th edition of Black’s Law Dictionary will contain this entry: brinkmanship. (1956) A method of gaining a negotiating advantage by …

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Garner’s Usage Tip of the Day: vice versa.

vice versa. “Vice versa” (= the other way around; just the opposite) should be the fulcrum for reciprocal referents. That is, “Mike likes Ellen and vice versa” says that Ellen also likes Mike. The subject and the object could be switched around, leaving the verb intact — e.g.: “You can adjust the slide to allocate …

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LawProse Lesson #154: Compound words: Is it “healthcare,” “health-care,” or “health care”?

Compound words: Is it healthcare, health-care, or health care? The better practice is to write it as a solid, unhyphenated word: healthcare. You’ll save yourself grief and, to the extent your writing endures, you’ll look better in the long run. Although the two-word form health care is more common today, the trend is clearly toward …

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LawProse Lesson #153: Phrasal verbs and their corresponding nouns.

Phrasal verbs and their corresponding nouns. A phrasal verb is a verb teamed up with a preposition or adverb (such as up in this sentence). The word after the verb is traditionally called a particle, and it often gives the verb a meaning different from what it would have on its own. (Compare: pass up, …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. unknown quantity (= a person or thing whose characteristics haven’t been assessed) was originally a mathematical phrase. It became popular in the mid-20th century. Since then, some people have misunderstood the phrase as “unknown quality” — e.g.: “‘She is an unknown quality [read ‘quantity’] as a legislator, but you don’t come in here …

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LawProse Lesson #152: Hyphenating phrasal adjectives (Part 2)

Hyphenating phrasal adjectives (Part 2). Last week we began a study of phrasal adjectives. It gets complicated. One correspondent said she’d never hyphenate high-school dropout (though the Wall Street Journal advises doing so). But high school dropout might suggest a glue-sniffing former truant. You see? Ambiguities can pop up where you least expect them. The …

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