LawProse Lessons

Garner’s Usage Tip of the Day: venal; venial.

venal; venial. “Venal” = purchasable; highly mercenary; amenable to bribes; corruptible. E.g.: “As the world rushes to congratulate Kabila for overthrowing Mobutu, the continent’s most spectacularly venal dictator, terrible things are happening in the deep bush of this ruined country.” “Genocide Stalks Tribal Rivalry,” Pitt. Post-Gaz., 2 June 1997, at A1. “Venial” = slight (used …

Garner’s Usage Tip of the Day: venal; venial. Read More »

LawProse Lesson #151: The art of hyphenating phrasal adjectives.

The art of hyphenating phrasal adjectives.      When a phrase functions as an adjective, the phrase should ordinarily be hyphenated. Professional writers and editors regularly do this. Search for hyphens on a page of the Wall Street Journal or the New Yorker and you’ll spot many. But less-polished writers often fail to appreciate the difference …

LawProse Lesson #151: The art of hyphenating phrasal adjectives. Read More »

Garner’s Usage Tip of the Day: vehicular.

Garner’s Usage Tip of the Day vehicular. Part A: Vehicular homicide. “Vehicular” (/vee-HiK-yuh-luhr/), an adjective dating from about 1900, is not objectionable per se. Several states have “vehicular-homicide statutes,” in which there is no ready substitute for “vehicular.” Part B: Vehicular accident. The phrase is pompous police jargon for “traffic accident,” “car accident,” or (in …

Garner’s Usage Tip of the Day: vehicular. Read More »

Garner’s Usage Tip of the Day: variation; variance; variant, n.

variation; variance; variant, n. “Variation” = (1) a departure from a former or normal condition, action, or amount; a departure from a standard or type; or (2) the extent of this departure. E.g.: “For those who are willing to experiment, there are as many wonderful variations of kugel as imagination will allow.” Marge Perry, “A …

Garner’s Usage Tip of the Day: variation; variance; variant, n. Read More »

LawProse Lesson #150: When should you hyphenate prefixes?

When should you hyphenate prefixes? If you want your writing to have professional polish, resist the urge to hyphenate prefixes. In American English, words with prefixes are generally made solid {codefendant, nonstatutory, pretrial}. Modern usage omits most hyphens after prefixes even when it results in a doubled letter {misspell, posttrial, preemption, reelection}. But there are …

LawProse Lesson #150: When should you hyphenate prefixes? Read More »

Garner’s Usage Tip of the Day: utmost, adj.; upmost, adj.

utmost, adj.; upmost, adj. The usual word is “utmost” (= most extreme; of the greatest urgency or intensity) {an issue of the utmost importance}. “Upmost” (= highest; farthest up) is a fairly uncommon variant of “uppermost.” Yet writers have begun misusing “upmost” in contexts where “utmost” is called for — e.g.: o “In a competitive …

Garner’s Usage Tip of the Day: utmost, adj.; upmost, adj. Read More »

LawProse Lesson #149: “Further affiant sayeth naught”

Further affiant sayeth naught. Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (“What does it mean?” and “Is it necessary?”), this phrase gives rise to two stylistic dilemmas. First, is it sayeth or saith? Among American lawyers who use the phrase (British lawyers don’t), sayeth predominates. …

LawProse Lesson #149: “Further affiant sayeth naught” Read More »

LawProse Lesson #148: What’s wrong with WITNESSETH?

What’s wrong with putting “WITNESSETH” at the head of a contract? It harks back to an old mistake dating from mid-20th-century formbooks. Witnesseth, you see, is an archaic third-person singular form of the verb (witness), equivalent to cometh (The Ice Man cometh) or sayeth (Further affiant sayeth naught). It would make sense, in Elizabethan English, …

LawProse Lesson #148: What’s wrong with WITNESSETH? Read More »

LawProse Lesson #147: Is “snoot” really a word?

Is snoot really a word? Yes: It is an acronym coined by the family of David Foster Wallace, who introduced the term to the literary world in his essay “Authority and American Usage” in Consider the Lobster 66-127 (2006). The word stands for either “Sprachgefühl Necessitates Our Ongoing Tendance” or “Syntax Nudniks of Our Time.” …

LawProse Lesson #147: Is “snoot” really a word? Read More »

Garner’s Usage Tip of the Day: unleash.

unleash. “Unleash” is premised on the analogy of letting a threatening or vicious animal off a leash. But a surprising number of writers have misunderstood that and written the meaningless *”unlease” — e.g.: o “But Mr. Williams unleases [read ‘unleashes’] a fiery temper at managers who fail to make budget.” Eric N. Berg, “Suntrust’s Florida …

Garner’s Usage Tip of the Day: unleash. Read More »

LawProse Lesson #146: The IP bar’s special use of “comprise”

The IP bar’s special use of comprise. In the best normal usage, comprise means “to be made up of exclusively.” But intellectual-property lawyers use it in a different sense, as a synonym of the nonexclusive word include. The United States Court of Appeals for the Federal Circuit long ago anointed this peculiar usage. Here’s what …

LawProse Lesson #146: The IP bar’s special use of “comprise” Read More »

Garner’s Usage Tip of the Day: *uncategorically.

*uncategorically. *”Uncategorically” is a silly but distressingly common malapropism for “categorically” (= unconditionally, without qualification). And it has gotten wide exposure. In 1991, Judge Clarence Thomas, testifying before the Senate Judiciary Committee, “uncategorically” denied that he had discussed pornographic materials with Ms. Anita Hill: “Senator, I would like to start by saying unequivocally, uncategorically, that …

Garner’s Usage Tip of the Day: *uncategorically. Read More »

LawProse Lesson #145: *Is comprised of

*Is comprised of Fastidious use of comprise has become increasingly rare. Garner’s Modern American Usage labels the form *is comprised of as “invariably inferior” (that’s what the asterisk signifies), yet gauges its acceptance in actual use as Stage 4 on the 5-stage “language-change index.” To you as a legal writer, that means using the phrase …

LawProse Lesson #145: *Is comprised of Read More »

Garner’s Usage Tip of the Day: tu quoque.

Garner’s Usage Tip of the Day tu quoque. “Tu quoque” (/too KWOH-kwee/ [lit., “you also”] = a retort in kind; accusing an accuser of a similar offense) is a phrase that traditionally serves as a noun — e.g.: “Such gatekeepers of the right as Irving Kristol and Robert Bartley blithely promote their flat-earth ideas with …

Garner’s Usage Tip of the Day: tu quoque. Read More »

LawProse Lesson #144: “Less” vs. “fewer”

Less vs. fewer Use fewer when referring to individual or countable things {fewer than ten chairs} {fewer questions asked by judges}. Use less when referring to volume, quantity, or degree {less influence on the jurors}, mass or bulk nouns {less water in the glass}, or units of measure or time {less than three ounces} {less …

LawProse Lesson #144: “Less” vs. “fewer” Read More »

LawProse Lesson #143: When should you use a comma between two adjectives?

When should you use a comma between two adjectives? Use a comma to separate coordinate adjectives — adjectives that qualify a noun in the same way {a long, complex trial}. To test whether the modifiers are coordinate, either (1) reverse their order, keeping the comma {a complex, long trial}, or (2) add and between them …

LawProse Lesson #143: When should you use a comma between two adjectives? Read More »

Garner’s Usage Tip of the Day: treble; triple.

treble; triple. These words are distinguishable though sometimes interchangeable. Outside baseball contexts {he tripled to deep right field}, “trebled” is a common term — e.g.: o “The last time Congress ‘reformed’ campaign finance, it trebled the amount of money that is taken out of the Treasury (your money) and given to presidential candidates.” Theo Lippman …

Garner’s Usage Tip of the Day: treble; triple. Read More »

LawProse Lesson #142: Is “e-mails” a correct plural, or should it be “e-mail messages”?

Is e-mails a correct plural, or should it be e-mail messages? People are naturally drawn to linguistic analogizing: we prefer neat correspondences. Some people therefore insist that because mail is an uncountable mass noun, e-mail must logically be a mass noun as well — and that e-mails is therefore wrong. These precisians demand e-mail messages. …

LawProse Lesson #142: Is “e-mails” a correct plural, or should it be “e-mail messages”? Read More »

Garner’s Usage Tip of the Day: transparency.

transparency. During the accounting scandals of 2001, when elaborate financial arrangements of major corporations were exposed as frauds on their stockholders, “transparency” became a vogue word for no-nonsense openness with information — e.g.: “‘Transparency in financial reporting, both to investors and internally, would make a big difference,’ [Michael] Synk added.” Mark Watson, “Seminar Will Look …

Garner’s Usage Tip of the Day: transparency. Read More »