Bryan A. Garner

LawProse Lesson #105

What does Bryan Garner have against “pursuant to”? ANSWER: It’s pure legalese. Lawyers are the only ones who use it — and never as a term of art. Worse still, it’s imprecise legalese. Because pursuant to can mean many things, it’s confusing and ineffective. Here are some typical examples of how lawyers use the phrase: …

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Garner’s Usage Tip of the Day: staunch; stanch.

staunch; stanch. "Staunch" is preferable as the adjective ("trustworthy, loyal"), "stanch" as the verb ("to restrain the flow of [usu. blood]"). But in practice the adjective is sometimes undesirably used as a verb — e.g.: o "Until now, his most notable move was staunching [read 'stanching'] the flow of red ink by closing New York …

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Garner’s Usage Tip of the Day: statutory; *statutorial.

statutory; *statutorial. "Statutory" = (1) of or relating to legislation {statutory construction}; or (2) legislatively created {the law of patents is purely statutory}. *"Statutorial" is a needless variant not recognized in the dictionaries. But it sometimes appears in print — e.g.: "Now if you think this statutorial [read 'statutory'] change is something that would cause …

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Garner’s Usage Tip of the Day: statistic.

statistic. "Statistic" (= a single term or datum in a statistical compilation) is a back-formation from "statistics" dating from the late 19th century. Today its correctness is beyond challenge. E.g.: o "This statistic is a dramatic turnaround from surveys done as recently as five years ago." Vince Vawter, "Snapshot Shows City Growing in Multiple Ways," …

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A Well-Crafted Letter Still Gets the Job Done

Business letters aren’t a quaint thing of the past. Write them well, and you’ll create a lot of goodwill with clients, partners, and vendors. You’ll increase your profits, too — by getting key customers to renew large orders, for example, or persuading service providers to charge you less for repeat business. Here are some pointers …

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

Miscellaneous Entries. statutory rape (= sexual intercourse with a female below the age of consent, regardless of whether it occurs against her will) is an Americanism that originated in the 19th century. Originally, statutory-rape laws applied only to female victims, but today the great majority of American states have sex-neutral legislation dealing with this offense. …

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Garner’s Usage Tip of the Day: stated otherwise.

stated otherwise. "Stated otherwise," when used at the very beginning of a sentence, is a pompous version of "in other words." E.g.: "Stated otherwise [read 'In other words'], while conservatives contend UDI by Quebec after a victorious Yes vote would be revolutionary and seditious, pragmatists claim Ottawa's refusal to heed the clearly expressed wishes of …

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LawProse Lesson #104

What do lawyers need to know about dictionaries? A lot, frankly. Dictionaries aren’t created equal. So you must consider the source to ensure that what you’re consulting is thorough, accurate, and reputable. A good dictionary marshals the vocabulary of a language, or the specialized vocabulary of a particular field, and arranges the original and historically …

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

Standard English (3). Today: Sociolinguistics. Although some linguists are fond of saying that a standard language is preferred not for any linguistic reason but merely for social reasons, the social factors that affect language users can’t readily be — and shouldn’t be — divorced from linguistics. That is one of the tenets underlying the field …

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

Standard English (2). Today: Social Disapproval. Throughout the 20th century, commentators noted (sometimes in strong terms) the social disapproval that attaches to nonstandard English. Mostly this is put in negative terms. If you don’t speak Standard English, you’re at a social and professional disadvantage — e.g.: o “The intelligent people of America use reasonably pure …

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

Standard English (1). Today: What Is It? This is a troublesome term: we all think we know what it is, but a definition proves elusive. Broadly speaking, it is the English used by educated people. Some Britons contend that it is the English used by educated Britons, and that whatever is used by educated people …

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

Miscellaneous Entries. statistics = (1) the mathematics of collecting and analyzing numerical data; or (2) numerical data. Sense 1 is singular {statistics is an exacting discipline}. Sense 2 is plural {the statistics aren’t yet in}. status (/STAT-uhs/ or /STAY-tuhs/) forms the plural "statuses" (or, in Latin, "status"), not *"stati." status quo; status quo ante; *status …

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LawProse Lesson #103

What’s the lawyer’s single best source for typography and document design? ANSWER: All the most important points of typography are covered in LawProse’s Advanced Legal Writing & Editing course. Professor Garner has also written a good deal about the subject in Garner’s Modern American Usage, The Winning Brief, The Redbook: A Manual on Legal Style, …

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Garner’s Usage Tip of the Day: stalactite; stalagmite.

stalactite; stalagmite. They're both deposits of calcium carbonate found in caves and caverns. The difference is that a "stalactite" hangs from the ceiling, while a "stalagmite" rises from the floor. Writers sometimes fall into error by using "stalagmite" for "stalactite" — e.g.: "The Dripstone Trail Tour is a leisurely hour-plus trek known for delicate sodastraw …

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Garner’s Usage Tip of the Day: squash; quash, vb.

squash; quash, vb. "Squash" (= to flatten or soften [something] by forceful crushing or squeezing) is not a substitute for "quash" (= to overturn or make legally invalid; to suppress, as a rebellion). Many writers err on this point — e.g.: o "The Alabama story ends for the moment with criminal indictments, and with Windom …

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Don’t Anesthetize Your Colleagues with Bad Writing

It seems obvious that you shouldn’t put your audience to sleep, doesn’t it? It should also be obvious to people who deliver dull presentations or talk in circles at dinner parties — but consider how many boring speakers you’ve had to endure. The most engaging communicators avoid trite expressions, whether in conversation or in writing. …

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Garner’s Usage Tip of the Day: spring / sprang / sprung.

spring / sprang / sprung. So inflected. But "springed" is correct when the sense is "equipped with springs" {a springed mattress} {springed hinges} or "to spend the season of spring" {they springed in Europe}. (The latter usage will strike many readers as more than a little odd.) The real challenge with these words is to …

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Garner’s Usage Tip of the Day: sprightly.

sprightly. "Sprightly" (= [1] lively, airy; or [2] zesty, esp. spicy, in flavor) is subject to the mischievous misspelling *"spritely" — e.g.: o "Will she end up a bitter, washed-up star a la Baby Jane, psychologically torturing her spritely [read 'sprightly'] sis Jamie-Lynn? Let’s recap Britney's recent bizarre behavior." Tamara Ikenberg, "Not So 'Lucky," Courier-J. …

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