Year: 2013

LawProse Lesson #130: Is “preventative lawyering” a good thing?

Is preventative lawyering a good thing?       No. But preventive lawyering might be. *Preventative is a dubious adjective with an unnecessary syllable. Careful writers and speakers don’t use it. Sources: Garner’s Dictionary of Legal Usage 706 (3d ed. 2011). Garner’s Modern American Usage 658 (3d ed. 2009). The Redbook § 12.3, at 302 (3d ed. […]

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

Miscellaneous Entries. text, vb. ; texting. As a verb, “text” (= to send a text message) has sprung into favor with the popularity of instant-messaging systems — e.g.: “If you’re shopping for a new plan, analyze your calling, texting and data-download patterns.” Liz F. Kay, “Finding New Ways to Trim Your Cell Phone Expenses,” Baltimore

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Garner’s Usage Tip of the Day: territory; dependency; commonwealth.

territory; dependency; commonwealth. The distinctions in American English are as follows: “Territory” = a part of the United States not included within any state but organized with a separate legislature (Webster’s 11th). Guam and the U.S. Virgin Islands are territories of the United States; Alaska and Hawaii were formerly territories. “Dependency” = a land or

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Garner’s Usage Tip of the Day: tenure; tender.

tenure; tender. “Tenure” (= [1] a holding by right, as of an elected office; [2] the time spent in such an office; or [3] an entitlement to a professional position, esp. at a university, with protection against dismissal) is sometimes used where the intent was “tender,” vb. (= to offer something, esp. in settlement of

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Garner’s Usage Tip of the Day: tenterhooks

tenterhooks. A tenter is a frame for stretching cloth to dry, and tenterhooks are the hooks or nails placed in the tenter to hold the cloth. The set phrase “on tenterhooks,” then, refers to being stretched, therefore strained and nervous. Because the unfamiliar word “tenterhook” is rarely seen outside that phrase, it is prone to

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Garner’s Usage Tip of the Day: tentative.

tentative. “Tentative” (/TEN-tuh-tiv/) is often mispronounced, and therefore mistakenly written, as if the word were *”tenative” — e.g.: o “At the all-star break, he was making 42 percent (126 of 300) of his field goals, looking tenative [read ‘tentative’] with the ball.” David Aldridge, “Harvey Grant Has Found That He Could Get to Like Starting

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LawProse Lesson #129: Placement of “only”

Placement of only. The word only is probably misplaced more often than any other modifier in legal and nonlegal writing. Only emphasizes the word or phrase that comes immediately after it. So the more words separating only from its correct position, the more awkward and ambiguous the sentence. When it comes too early in the

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

Miscellaneous Entries. termagant (= a quarrelsome, overbearing woman) is pronounced /TUHR-muh-guhnt/, not /-juhnt/. terminus; terminal, n. “Terminus” = the place at the end of a travel route, esp. a railroad or bus line. The plural is “termini” or (much less commonly) “terminuses.” “Terminal” = a station on a transportation route. terra cotta. The noun is

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Garner’s Usage Tip of the Day: Tenses (6).

Tenses (6). Today: Threatened Obsolescence of Perfect Tenses. Perhaps the heading here is overdrawn, but a distressingly large number of educated speakers of English seem at least mildly hostile to perfect tenses. There are three: the present perfect, the past perfect (or pluperfect), and the future perfect. And they’re worth some attention. First, the present

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Garner’s Usage Tip of the Day: Tenses (5).

Tenses (5). Today: Sequence Errors with “seemed” and “appeared.” The infinitive-related problem with sequence of tenses occurs frequently with the verbs “seemed” and “appeared” — e.g.: o “Ripken appeared to have enjoyed [read ‘appeared to enjoy’] passing Kinugasa more than he enjoyed passing Gehrig.” Mark Maske, “Officially, Ripken Is on Top of the World,” Wash.

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Garner’s Usage Tip of the Day: Tenses (4).

Tenses (4). Today: Sequence Errors with Infinitives. An exceedingly common sequence-of-tenses problem occurs with infinitives, which, when put after past-tense verbs, are often wrongly made perfect infinitives — e.g.: o “Remembering how busy General Maxwell Taylor must have been as Chairman of the Joint Chiefs of Staff in 1963, how would you have liked to

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Garner’s Usage Tip of the Day: Tenses (3).

Tenses (3). Today: Errors in Sequence of Tenses. Examples may be readily found in which the primary sequence of tenses is mangled — e.g.: “Mrs. Yager faces a possible sentence of up to 60 years in prison, although neither side expects that the maximum sentence would [read ‘will’] be imposed if she was [read ‘is’]

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LawProse Lesson #128: “Therefore” vs. “therefor”.

Therefore vs. therefor.       Therefore is the common adverbial conjunction meaning “for that reason,” “consequently,” or “so.” It always states a conclusion when used correctly {the accident occurred at 8 a.m.; therefore rush-hour traffic was snarled for hours}. The stress is on the first syllable. Therefor (stress on the last syllable) means “for that” or

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Garner’s Usage Tip of the Day: Tenses (2).

Tenses (2). Today: Sequence of Tenses. The term “sequence of tenses” refers to the relationship of tenses in subordinate clauses to those in principal clauses. Generally, the former follow from the latter. In careful writing, the tenses agree both logically and grammatically. The basic rules of tense sequence are easily stated, although the many examples

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Garner’s Usage Tip of the Day:Tenses (1).

Tenses (1). Today: Generally. The following shows the basic tenses in English with the verb “be” conjugated in the indicative mood, showing the singular and plural forms for the first, second, and third person. Present Tense 1st person: I am / We are 2nd person: You are / You are 3rd person: He, she, or

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

Miscellaneous Entries. tenderfoot (= a newcomer or beginner) forms the plural “tenderfoots,” as the majority of dictionaries recommend. tendinitis; *tendonitis. “Tendinitis” = inflammation of a tendon. *"Tendonitis" is incorrectly arrived at by association with the spelling of the noun “tendon.” Tennessean; *Tennesseean. The first is standard; the second is a variant spelling. Although the final

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Garner’s Usage Tip of the Day: Tennyson.

Tennyson. The formal name of the 19th-century poet laureate is “Alfred, Lord Tennyson.” But writers often mistakenly write *”Lord Alfred Tennyson” — e.g.: o “Harrogate had become the culture capital of Northern England, attracting such celebrities as Charles Dickens, Lord Alfred Tennyson [read ‘Alfred, Lord Tennyson’], George Bernard Shaw and Sir Edward Elgar, as well

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Garner’s Usage Tip of the Day: tenet

tenet. “Tenet” (= a doctrine or basic belief, dogma) is sometimes confounded with the similar-sounding “tenant” (= [1] one who has a leasehold, a lessee; or [2] an inhabitant, dweller). The result is linguistically untenable — e.g.: o “The Clinton legislation, which embraces many of the tenants [read ‘tenets’] supported in education legislation passed in

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LawProse Lesson #127: Underuse of “that”

Wrongly suppressed that.       Although in many constructions it’s perfectly permissible — and even preferred — to omit that {the book I read last week}, the word is often useful and even necessary. We need it as a restrictive relative pronoun {the book that won a Pulitzer}; as a demonstrative adjective {that book is the

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Garner’s Usage Tip of the Day: tendentious (3).

tendentious (3). Today: For “tendinitis.” A surprising error is the substitution of “tendentious” for “tendinitis” (= inflammation of tendons in a joint). It probably results from trigger-happy users of spell-checkers — e.g.: o “‘However, I don’t think my body can go another year at this intensity. I have had some lower back problems and patellar

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