Bryan A. Garner

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

Miscellaneous Entries. libido. Although dictionaries once recorded /li-BIY-doh/ as the preferred pronunciation, /li-BEE-doh/ is now the established preference in American English. licorice (/LiK-uh-rish/) is the standard spelling. “Liquorice” is a variant form. This word shouldn’t be confused with its uncommon homophones, “lickerish” (= lascivious, lecherous) and “liquorish” (= tasting like liquor). lie/lay/lain. So inflected (except […]

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LawProse Lesson #203: “Lie low” or “lay low”?

Lie low or lay low?      Both phrases could be correct—it depends on the tense you are using. Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has

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LawProse Lesson #202: Parenthetical plurals.

Should you use “(s)” to indicate that a noun could be either singular or plural? Competent drafters should avoid creating parenthetical plurals and craft better ways to express a thought. A parenthetical plural is formed when an “(s)” is added to the end of a singular noun to indicate that the statement may apply to

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LawProse Lesson #201: “Subpoena” vs. “subpena”

Why do so many federal statutes use the spelling subpena instead of subpoena?      Funny thing. It seems to be the result of an old choice made for the Government Printing Office Style Manual. The earliest copy we have at LawProse, the 1926 edition, has no reference to the spelling of this word. But the

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LawProse Lesson #200: Which is standard: “toward” or “towards”?

Which is standard: toward or towards?       In American English, toward has been the usual form in print sources since about 1900. Many usage authorities since then have expressed a strong preference for toward, without the final –s. The s-less form of the word is consistent with analogous (though less common) directional words

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Garner’s Usage Tip of the Day: load, n.; lode.

load, n.; lode. Although they have similar etymologies, their meanings have fully diverged. “Load” (in its basic senses) means “a quantity that can be carried at one time” or, by extension, “a burden” {a load of work} {a load off my mind}. “Lode” carries the narrow meaning “a deposit of ore,” as well as the

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LawProse Lesson #199: Persuasive openers.

Persuasive openers.      Almost all poorly written motions and briefs have one thing in common: they get off to a bad start. They have no clear, boldly expressed point. They’re mushy. How to fix that problem? Say on page one—in plain English that anyone can understand—what problem the court is to resolve, how, and

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Garner’s Usage Tip of the Day: literally.

literally. “Literally” = (1) with truth to the letter; or (2) exactly; according to the strict sense of the word or words. “Literally” in the sense “truly, completely” is a slipshod extension — e.g.: “Behavioralists and postbehavioralists alike, literally or figuratively, learn what they know of science from the natural sciences, from the outside.” (Read:

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Garner’s Usage Tip of the Day: lip-sync, vb.; lip-synch.

lip-sync, vb.; lip-synch. To lip-sync, of course, is to move one’s lips silently in synchronization with recorded vocals, whether one’s own or someone else’s. Although the dictionaries are split between the “sync” and “synch” forms, the incontestable leader in print is “lip-sync” by a 2-to-1 ratio. But the agent noun is “lip-syncer,” pronounced anomalously with

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LawProse Lesson #198: Commas with coordinating conjunctions.

Commas with coordinating conjunctions. Many writers struggle with whether to use a comma in a compound sentence whose clauses are joined by a coordinating conjunction (and, but, or, nor, for, yet, so). Although some examples may be tricky or complicated, most of the time some basic rules apply. Here’s a refresher on the fundamentals: 1.

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

Miscellaneous Entries. know, through careless error, is sometimes written “now” — e.g.: “Gempler said he didn’t now [read ‘know’] why the union produced the report.” Hannelore Sudermann, “Teamsters Attack Apple Industry Over Core Issues,” Spokesman-Rev. (Spokane), 23 July 1997, at A10. knowledgeable. So spelled – not ‘knowledgable.’ known /nohn/ is often mispronounced /NOH-uhn/, as if

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

like (2). Today: “Like” as a Conjunction. In traditional usage, “like” is a preposition that governs nouns and noun phrases, not a conjunction that governs verbs or clauses. Its function is adjectival, not adverbial. Hence one does not write, properly, “The story ended like it began,” but “The story ended as it began.” If we

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

like (1). Today: As a Preposition. The object of a preposition should be in the objective case — you say “They are very much like us,” not “They are very much like we.” Apart from the second person (in which the form remains the same), writers often get confused on this point, as with first-person

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LawProse Lesson #197: Using ellipsis dots with quotations.

Using ellipsis dots with quotations. Lawyers frequently need ellipsis dots because of the abundant quotations in legal writing—quotations that often need trimming. Properly used, ellipses are perfectly respectable and often necessary to avoid both the reproduction of extraneous words (a time-waster) and any suspicion that the writer has tampered with the quotation’s meaning (a credibility-waster).

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Garner’s Usage Tip of the Day: lifelong; livelong.

lifelong; livelong. “Lifelong” = lasting for all or most of one’s life {Seymour’s lifelong dream was to conduct the New York Philharmonic}. Livelong = (of a time period, esp. a day or a night) whole, entire {“the eyes of Texas are upon you, all the livelong day”}. Confusion of these words isn’t as rare as

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Garner’s Usage Tip of the Day: liable

liable. “Liable” (= subject to or exposed to) should not be used merely for “likely.” “Liable” best refers to something the occurrence of which risks being permanent or recurrent — e.g.: o “What you don’t know is liable to hurt you — and your building.” Maureen Patterson, “See You in Court!” Buildings, Feb. 1997, at

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LawProse Lesson #196: “Notwithstanding”

Notwithstanding. “Notwithstanding is much too ponderous for everyday life. Say in spite of or despite.” — Rudolf Flesch, The ABC of Style 207 (1964). After 50 years, Flesch’s sentiment still holds true for most writing—even most legal writing. There are two main problems with notwithstanding. First, it’s a cumbersome connector that bogs down your prose. In legal writing,

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

Miscellaneous Entries. kindergarten. This German loanword for “children’s garden” has been in use in English since at least the mid-18th century with its foreign spelling intact. It is sometimes misspelled as if it were anglicized — e.g.: “Lexington is the largest school in the state for the profoundly deaf and hard-of-hearing, and educates students from

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Garner’s Usage Tip of the Day: let’s you and I.

let’s you and I. First, think of “let’s” (= let us). “Us” is in the objective case. Another form of the phrase (still in the objective case) would be “let you and me” (“you and me” agreeing with “us”). The construction “let you and I” is ungrammatical — and fairly rare. But what about “let’s

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